* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [Call to Order - Determine if a Quorum is Present] [00:00:02] OKAY, I AM GONNA CALL THE, UH, MEETING TO ORDER AT 6 0 2. CRYSTAL JOHNSON IS PRESENT. DAWN SMITH IS PRESENT. KYLE KENNEDY IS PRESENT. CANDACE STONE IS PRESENT. BRITTANY MURRAY'S PRESENT. UM, I'M SINA TIDWELL, AND I AM PRESENT. UM, THIS IS COLE. SHAW IS ABSENT, AND CHUCK FULLER IS ABSENT. IF EVERYBODY WILL RISE, WE'LL DO THE INVITATION. CHRIS, WILL YOU, UH, LEAD US IN THE INVITATION? OH, THANK YOU. DI THANK YOU FOR BRINGING US HERE TODAY. PLEASE GUIDE US AS WE WORK TO MAKE RECOMMENDATIONS FOR THE FUTURE OF OUR CITY. PLEASE BE WITH EACH, EACH, AND EVERYONE OUT IN THE AUDIENCE THAT HAS COME OUT HERE TODAY, UM, AND BE WITH THEM THROUGH THIS MEETING AS WE, UM, WORK THROUGH THIS AGENDA TONIGHT. UM, IT'S IN YOUR NAME, I PRAY. AMEN. DAWN, FOR YOU, UH, SAY THE PLEDGES. I PLEDGE ALLEGIANCE SINCE SUPERVIS OF THE UNITED STATES OF AMERICA, IN TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, THE INDIVISIBLE, LIBERTY AND JUSTICE, STRONG HONOR, TEXAS FLAG. I PLEDGE ALLEGIANCE TO BE TEXAS. ONE STATE UNDER GOD. ONE INDIVIDUAL. THANK YOU. EVERYBODY CAN BE SEATED. COMMUNITY ANNOUNCEMENTS, ITEMS OF COMMUNITY INTEREST THAT MAY INCLUDE RECOGNIZING CITIZENS OR STAFF FOR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY. A REMINDER ABOUT AN UPCOMING EVENT THAT IS ORGANIZED OR SPONSORED BY THE GOV, UH, THE GOVERNING BODY AND ANNOUNCEMENTS OF AN IMMINENT THREAT TO PUBLIC SAFETY THAT IS ARISEN AFTER POSTING THE AGENDA. ARE THERE ANY COMMUNITY ANNOUNCEMENTS? OKAY, CITIZEN INPUT. ANY PERSON MAY ADDRESS THE COMMISSION. IF YOUR COMMENTS ARE CONCERNING AN AGENDA ITEM, YOU MAY WAIT UNTIL THE DISCUSSION ON THAT ITEM. IF YOU PREFER ONCE RECOGNIZED BY THE CHAIRPERSON, PLEASE STEP FORWARD TO THE SPEAKER PODIUM. STATE YOUR NAME AND ADDRESS AND SPEAK DIRECTLY INTO THE MICROPHONE SO THE PEOPLE IN THE ROOM CAN HEAR COMMENTS AND SEE PRESENTATIONS. CITIZEN COMMENTS ARE LIMITED TO THREE MINUTES PER INDIVIDUAL, UNLESS ADDITIONAL TIME IS OTHERWISE REQUIRED BY LAW. NO DISCUSSION OR ACTION MAY BE TAKEN AT THIS MEETING ON ANY ITEM NOT LISTED ON THE AGENDA, OTHER THAN TO MAKE STATEMENTS OF FACTUAL INFORMATION OR RECITE EXISTING POLICY AND RESPONSE TO A CITIZEN'S INQUIRY. DOES ANYBODY HAVE ANY CITIZEN INPUT? WE HAD NO ONE SIGN UP. OKAY. THANK YOU. ALL [New Business] RIGHT. NEW BUSINESS. NEW ITEMS, UH, FOR CONSIDERATION. ITEM NUMBER ONE, HOLD A PUBLIC HEARING. CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING A SPECIFIC USE PERMIT REQUEST TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGE SALES FOR A WINE AND BEVERAGE RETAILER, OFF PREMISE PERMIT FOR THE PROPERTY DESCRIBED AS APPROXIMATELY 1.865 ACRES OF LAND IN THE FRANCISCO TREVINO SURVEY, ABSTRACT NUMBER 1 2 4 3. CITY OF AUBREY, DENTON COUNTY, TEXAS. THE PROPERTY IS GENERALLY LOCATED ON THE NORTHEAST CORNER OF US HIGHWAY 3 77 IN SPRING HILL ROAD, FM 4 28, KNOWN AS CHAPARRAL CENTER. GOOD EVENING, HALLEN EVE. GOOD EVENING. THANK YOU. UH, GOOD EVENING, UH, CHAIRMAN AND COMMISSIONERS. WE HAVE A, A LONG AGENDA THIS EVENING. I THINK IT'LL GO LONGER THAN 10 MINUTES THIS TIME. SORRY. UH, COULD YOU PULL UP THE POWERPOINT PLEASE? THANK YOU. UH, SO THIS, UH, THE FIRST ITEM, IT IS A PUBLIC HEARING. IT IS FOR A SPECIFIC USE PERMIT FOR THE, UH, FUTURE SEVEN 11, UM, TO GO AT THE IMMEDIATE CORNER OF SPRING HILL AND US 3 77. UM, AS YOU REMEMBER, THE ALCOHOL ORDINANCE WAS, UM, PUT INTO EFFECT LAST YEAR, AND A SPECIFIC USE PERMIT. PERMIT IS, IS REQUIRED. AND WE DO HAVE LATER ON OUR AGENDA AND AMENDMENT. HOWEVER, UM, THIS PARTICULAR ITEM RE REQUIRES A, A VARIANCE TO BE GRANTED BY CITY COUNCIL. SO, UM, THAT'S, THAT'S ONE REASON YOU'RE SEEING THIS. UM, AT THIS TIME BEFORE THAT OTHER AGENDA ITEM, UM, YOU CAN SEE A CONCEPT PLAN, UH, FOR THE PROPOSED FACILITY. YOU'LL ACTUALLY SEE THE SITE PLAN AS A FORMAL AGENDA ITEM AT A LATER MEETING. SO TONIGHT, IT, IT IS REALLY JUST FOR INFORMATION. THE SUP FOR THE ALCOHOL SALES IS TIED TO THE, THE OVERALL PROPERTY THAT YOU SEE ON THE SCREEN. UH, THE APPLICANT IS, UM, APPLYING TO TABC FOR WHAT'S CALLED A BQ PERMIT. THAT'S A WINE AND BEER RETAILER'S OFF-PREMISE PERMIT. [00:05:02] AND AS I I MENTIONED EARLIER, THIS PARTICULAR, UM, APPLICATION DOES HAVE A VARIANCE REQUIREMENT, UM, FOR THE LOCATION AND PROXIMITY OF A SCHOOL OR, YOU KNOW, HOSPITAL DAYCARE FACILITY. AS YOU KNOW, THE HIGH SCHOOL IS RIGHT ACROSS, UM, FROM THE STREET. UM, AUBREY INDEPENDENT SCHOOL DISTRICT HAS SUBMITTED A LETTER OF NO OBJECTION, THAT IS IN YOUR AGENDA PACKET AS A, AS AN ATTACHMENT. AND AT THE TIME OF, UM, WHEN WE PREPARED THE AGENDA PACKET, WE HAD, UH, ONE LETTER IN SUPPORT OF THE SUP AND ONE LETTER, ONE LETTER IN OPPOSITION. SO YOU ALL HAVE THE ABILITY TO APPROVE THE SUP THIS EVENING FOR THE WINE AND BEER RETAILS OFF-PREMISE PERMIT, UM, SUBJECT TO CITY COUNCIL, UH, GRANTING THE VARIANCE FOR THE DISTANCE REQUIREMENT, OR YOU COULD, UH, DENY THE SUP FOR ALCOHOLIC BEVERAGE SALES AT THIS LOCATION. UM, STAFF RECOMMENDS APPROVAL SUBJECT TO COUNSEL, UH, GRANTING THAT VARIANCE FOR THE DISTANCE REQUIREMENT. AND YOUR RECOMMENDED MOTION IS UP ON THE SCREEN. I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. AND THE APPLICANT IS HERE THIS EVENING. SHOULD YOU HAVE ANY QUESTIONS FOR THEM? CAN ME ASK A QUESTION BEFORE THE HEARING? CERTAINLY, GO AHEAD. THE REQUIREMENT IS NO, CANNOT BE WITHIN 300 FEET OF THE SCHOOL. YES, SIR. HOW CLOSE IS THIS? WELL, UH, THE RIGHT OF WAY FOR A SPRING HILL, I BELIEVE IS AROUND 120 FOOT RIGHT OF WAY. SO WE'RE HALF RIGHT. AND THEY MIGHT HAVE SOME RIGHT OF WAY DEDICATION FOR RIGHT HAND TURN LANE, BUT YOU'RE RIGHT, IT'S LESS THAN HALF. YES, SIR. IT IS SUPPOSEDLY, YES, SIR. OKAY. DOES ANYBODY HAVE ANY OTHER QUESTIONS FOR HELEN EVE? WHERE DID YOU SAY WE HAVE ONE LETTER FOR ONE LETTER AGAINST? YES. HAVE THEM. YES. THEY'RE IN YOUR AGENDA PACKET AS AN ATTACHMENT ATTACHMENT, I BELIEVE. UM, ONE, THE ONE LETTER IS FROM, DO WE KNOW WHAT ON THE BOARD PORTAL THAT'S UNDER? BECAUSE I DIDN'T SEE IT AS THE ATTACHMENT. HMM. THAT'S, I'M, I'M LOOKING FOR IT RIGHT NOW. THAT'S WHY I'M ASKING. IT STARTS ON PAGE 10. IS IT, IS IT IN THE STAFF? WHICH THE STAFF? IT'S IN THE STAFF. WELL, NO, IT SHOULD BE AN ATTACHMENT. I THINK IT STARTS ON PAGE 10 OF THE, OF, I SAW AUBREY'S LETTER WRITTEN THERE ON THE ONE I YOU THE OTHER ONE IS FOR THE, THE PROPERTY, THE FUNERAL. OKAY. OKAY. THAT'S WHO THE OTHER OPPOSITION WAS, OR THE ONLY OTHER LETTER THAT WAS IN OPPOSITION. THE, YOU SAID THE FUNERAL HOME WAS OPPOSED TO IT? YES. OKAY. WHO WAS FOR IT? THE AUBREY IS THE NO, THEY HAVE NO, NO OBJECTION. NO OBJECTION. RIGHT? THEY HAVE, YES. NOT THAT THEY STAND CORRECTED. YEAH, THEY DON'T ACCEPT SLIGHT, SLIGHT DETAIL THERE. OKAY. I'M GONNA READ THE ONE IN OPPOSITION. YEAH. I'M NOT SEEING ON FIRE. THE REASON FOR OPPOSITION IS THE PROXIMITY OF THE HIGH SCHOOL. OKAY. ARE YOU GOOD CANDACE? WHAT'S THAT? ARE YOU GOOD? YES. OKAY. YES. THEN I'M GONNA GO AHEAD AND OPEN A PUBLIC HEARING AT SIX 11. UH, GOOD EVENING. BRAD WHITE, 2 6 2 7 TILLER STREET, FORT WORTH, TEXAS. UM, I'M HERE ON BEHALF OF A CAR, INSURE I'M THE APPLICANT. UM, JUST KIND OF WANNA SPEAK A LITTLE BIT ON THE PROJECT ITSELF. UM, YOU KNOW, THE USE IS APPROVED. UM, WE'RE JUST SEEKING SEP FOR THE OFF SALE, FOR THE SALE OF OFF-PREMISE CONSUMPTION ALCOHOL. IT'S JUST BEAR IN MIND, LIKE A TYPICAL GAS STATION WOULD HAVE. UM, AS MENTIONED WAS WE'RE DEVELOPING FOR SEVEN 11. UM, THIS IS PART OF A NEWER CONCEPT STORE. IT'S A MUCH LARGER FOOTPRINT, MUCH NICER BUILDING. UM, AND THIS IS AGAIN, STRICTLY FOR OFF-PREMISE CONSUMPTION. UM, AS NOTED IN THE PACKET THE POLICE CHIEF HAS REVIEWED AND HAD NO, UM, NO CONCERNS. UM, AND THEN WE HAVE THE LETTER FROM THE AUBREY ISD WITH DR. SAILOR WITH, UH, [00:10:01] NO CONCERNS AS WELL. SO I'M HERE TO ANSWER ANY QUESTIONS. UH, THANK YOU FOR YOUR TIME. THANK YOU. DOES ANYBODY HAVE ANY QUESTIONS FOR HIM? WHY, WHY CAN'T, I'M SORRY. GO AHEAD. AND DAWN, WHY CAN'T THE PROJECT BE MOVED TO WHERE IT IS WITHIN THE GUIDELINES RE RECONFIGURE YOUR PROJECT? NOT THE LAW OR THE, THE REGULATIONS. I DON'T UNDERSTAND. YOU KNOW, THIS SITE IS A SITE WE DESIRE BECAUSE IT'S A MAJOR CORRIDOR IN THE TOWN. UM, IT SERVES AS A GREAT, UH, CORNER FOR A GAS STATION. UM, AND, YOU KNOW, IT'S JUST, IT'S THE SITE WE HAPPEN TO BE WORKING AND, UH, THE HIGH SCHOOL BEING NEAR IN NEARBY, THAT'S, THAT'S JUST AN OBSTACLE WE'RE HAVING TO OVERCOME. SO, CANDACE, DO YOU HAVE A QUESTION? YES, IT WAS WHAT, UH, THE PERSON THAT WROTE THE LETTER. IT WAS, IT WAS WHAT SHE SAID. SHE HAD ONE QUESTION ON THERE THAT I WANTED TO ADDRESS. OKAY. IS THERE A CLAIM IN PLACE WHEN THE CLERK SELLS TO THE MINOR OR WR? OBVIOUSLY YOU DON'T THINK THAT'S GONNA HAPPEN. UM, I MEAN, OUR, OUR FACILITY WILL BE REGULATED BY TABC LAWS. UM, YOU KNOW, OBVIOUSLY IT'LL BE ENFORCED. UH, WE, WE'LL, WE'LL ABIDE BY ALL TABC REGULATIONS, STATE LAWS. DOES ANYBODY ELSE HAVE ANY OTHER QUESTIONS? YOU'D BY CHANCE KNOW WHAT THE DISTANCE IS BETWEEN THE SEVEN 11 ON MAIN STREET IN PROVIDENCE AND PROVIDENCE ELEMENTARY? I DO NOT KNOW THAT OFF THE TOP OF MY HEAD. OKAY. VERY CLOSE. YES, MA'AM. PLEASE USE YOUR MICS, GUYS SO THEY CAN HEAR YOU ONLINE. OH, YOU, YOU HEARD ME? THANK YOU. THANKS. OH, YOU HEAR ME? OKAY? YES, MA'AM. WITH THE SENTIMENT, OF COURSE, THAT IT'S GOING TO BE A LITTLE BIT CLOSER TO A SCHOOL MM-HMM . OF COURSE, WHICH IS THE SUBJECT HERE, WILL THERE BE ANY TYPE OF SECURITY MEASURES THAT YOU WOULDN'T TAKE POSSIBLY AT ANOTHER LOCATION THAT MAY BE, UH, TAKEN HERE WITH THIS ONE? UH, AT THIS TIME, UH, YOU KNOW, OUR, THE STANDARD NEWER PROTOTYPE STORES, THEY HAVE, UH, MORE ON ONSITE, ON ONSITE STAFF. UM, FOR SECURITY REASONS, THEY HAVE MORE LIGHTING. UM, THE, THE NEW PROTOTYPE STORES OFFERED ENHANCED SECURITY FROM JUST A REGULAR OLD C STORE. UM, AND LIKE I SAID, IT'S ALMOST A 5,000 SQUARE FOOT BUILDING. IT'S A BIGGER SITE. UM, SO AT THIS TIME, NO, TO ANSWER YOUR QUESTION, BUT IN GENERAL, THE SITE WILL OFFER MORE SECURITY MEASURES. SO LIKE SURVEILLANCE CAMERAS, IT'LL HAVE SURVEILLANCE CAMERAS, UM, SURVEILLANCE LIGHTS, UM, STANDARD SECURITY. THANK YOU. YES, MA'AM. THANK YOU. THANK YOU. OKAY. I DON'T SEE ANYBODY JUMPING UP. SO I'M GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING AT SIX 14. WOULD Y'ALL LIKE TO HAVE ANY MORE DISCUSSION? NO. THERE WAS AN INCIDENT AT THE OTHER CONVENIENCE STORE THIS MORNING WITH KIDS FROM HIGH SCHOOL, AND THAT'S WHERE ANY CONCERN IS. I MEAN, THEY CAN CLEARLY GET ACROSS 3 77 AS WELL. SO, YEAH. AND IT WAS A HUGE, YOU KNOW, A BIG HUGE THING, UM, THIS MORNING. SO ARE, LISTEN, IT INVOLVES PARENTS, IT'S THE WHOLE THING, , UM, THEY'RE ALL THERE. UM, THE SECURITY I THINK IS MY, MY BIGGER CONCERN, EVEN OVER THE ALCOHOL. ANYWAY, THAT'S ALL I HAVE TO SAY. I'D LIKE TO MAKE A MOTION TO DENY THE SUP DUE TO THE PROXIMITY TO THE SCHOOL. I JUST DON'T SEE A REASON OTHER THAN IT'S A GOOD LOCATION FOR A GAS STATION TO GRANT A VARIANCE. CAN I ASK A QUESTION RIGHT NOW, OR IS THAT SURE. A QUESTION FOR MARIA. OKAY. AND WE'VE DONE THIS BEFORE WITH ANOTHER, UH, ONE DOWN ON, UH, 3 77. IS THERE ANY, ANY OTHER WAY TO DO THE PROJECT WHERE IT IS FURTHER AWAY WITHIN YOUR PLANS? UH, UNFORTUNATELY, NO. GO AHEAD. YOU, I'M SORRY. I YOU COME TO THE MIC. THANK YOU. I, UH, NO, UNFORTUNATELY, WE'RE KIND OF SET WITHIN THE PROPERTY BOUNDARIES THAT ARE SHOWN ON THE SIDE PLAN. OKAY. UM, IN THE PACKET, THERE'S A EXHIBIT THAT SHOWS THE KIND OF RADIUS TO THE PROPERTY LINES. UM, I THINK WE ARE A LITTLE BIT MORE THAN HALF, OR I THINK CLOSER TO 200 FEET AWAY FROM PROPERTY LINE TO PROPERTY LINE. OKAY. LIKE I SAID, I, I JUST WANNA MAKE SURE THEY'VE GOT SECURITY IN GENERAL WITH SOME OF THE THINGS THAT HAVE BEEN GOING ON. SO, I GOT ONE QUESTION THEN. SO WE'RE TALKING PROPERTY LINE AND PROPERTY LINE. WHAT ABOUT PHYSICAL BUILDING? HOW FAR OFF OF THE PROPERTY LINE IS THAT? SO, UM, I, I BELIEVE THE LAW IS, UH, SO A, A CHURCH WOULD BE DOOR TO DOOR, DOOR SPACING, WHEREAS SCHOOLS ARE MEASURED PROPERTY LINE AND PROPERTY LINE. UM, I DON'T HAVE THE EXACT MEASUREMENTS FROM OUR FRONT DOOR OR FROM OUR SIDE OF OUR BUILDING TO THE SCHOOL. OKAY. UM, I'M, YOU KNOW, JUST OFF [00:15:01] THE TOP OF MY HEAD, I'M THINKING IT WOULD BE OVER 300 FEET. THE SCHOOL SET BACK A LITTLE WAY. IS OUR BUILDING SET BACK? MM-HMM . I AGREE. AND IF I COULD OFFER TO THE COMMISSION THERE, THE ASK TONIGHT IS APPROVING THE SUP AND NOT THE VARIANCE REQUIREMENT. THAT'S FOR COUNSEL TO APPROVE. UM, SO MR. SMITH, WHEN YOU MAKE YOUR MOTION, UH, YOU, YOU'VE ALREADY PUT ONE ON THE FLOOR, BUT BECAUSE THERE'S BEEN SOME DISCUSSION, I RECOMMEND THAT YOU RESTATE IT. UM, BEFORE IT'S CALLED FOR VOTE. I DON'T THINK THERE'S ANY NEED, BUT WE CAN GO . THERE WASN'T ANY, UH, I'LL, I'LL I MAKE A MOTION TO DENY THE SUP. THERE WE GO. MOTION DIES FOR LACK OF A SECOND. THAT'S FINE. WHY EXACTLY, ROBERT, ROLL THE ORDERS. OKAY. I MAKE A MOTION TO APPROVE THE SUP APPLICATION CONTENTION UPON, UH, CITY COUNCIL OF PREVENTING THIS VARIANCE. I'LL SECOND. DO YOU MIND READING OFF THE, FOR THE MOTION ACTION I, ITEM ONE AND ITEM TWO, THEN YES. THE PLANE TO APPROVE. I MAKE A MOTION TO APPROVE THE SUP FOR ALCOHOLIC BEVERAGE CELLS FOR WINE, BEER, RETAILERS, OFF PREMISE PERMIT BQ WITH A VARIANCE TO DISTANCE REQUIREMENT, OR, OH, THAT'S WHAT I DID. OR THAT'S WHAT I DID. OKAY. AND THEN, AND AGAIN, SECOND. AND THEN CANICE. OH, SORRY. CRYSTAL SECOND. CANDACE MADE THE MOTION. CRYSTAL SECONDED. ALL IN FAVOR? ANY AGAINST? IT DOES PASS. WHAT DO WE GOT? ANY OF US? WE GOT UP HERE TONIGHT. SIX TO ONE. DID I COUNT RIGHT? NO, I COUNTED FIVE TO ONE. SORRY. SORRY GUYS. OKAY. ITEM NUMBER TWO. CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A FINAL PLAT APPLICATION FOR LOTS, ONE THROUGH 15 BLOCK, A CHAPARRAL CENTER, UM, BEING APPROXIMATELY 35.174 ACRES OUT OF THE FRANCISCO TREVINO SURVEY ABSTRACT 1, 2, 4 3. GENERALLY LOCATED NORTH OF FM 4 28, SPRING HILL ROAD AND EAST OF US HIGHWAY 3 77. CITY OF AUBREY, DENTON COUNTY, TEXAS, HELEN, IF IT'S ALL THE FLOOR IS YOURS. ALRIGHT, THANK YOU. SO THIS NEXT ITEM IS THE, UH, CHAPARRAL CENTER. AND IT WAS PREVIOUSLY PRELIMINARY PLATTED AS HIGH POINT COMMERCIAL. UM, SO THIS IS WHAT IT'S BEING, UM, NAMED NOW. THE PROPERTIES, THE NORTHEAST CORNER OF 3 77 AND, UM, SPRING HILL ROAD RIGHT ACROSS THE STREET, AS YOU KNOW, FROM THE HIGH SCHOOL. THIS IS THE OVERALL CONCEPT PLAN. SO YOU CAN SEE IN CONTEXT WHERE THE, THIS OVERALL PLAT IS LOCATED. AND, UM, THEY HAVE SUBMITTED, UM, THEIR PLA AND IT, LET'S SEE, LET ME CHECK. 'CAUSE I THINK SOME THINGS WE CHECKED IT IS ACTUALLY LOTS ONE THROUGH 15 BLOCK A AND WE HAVE, UM, BEEN REVIEWING THE CIVIL PLANS AS WELL AS THE, THE FINAL PLAT. THE CIVIL PLANS ARE PART OF THE FINAL PLAT APPLICATION. THIS IS THE MAJORITY OF THE PROPERTY THAT YOU CAN SEE UP ON THE SCREEN. UM, THERE IS ANOTHER, UM, LOT TO, TO THE NORTH. YOU CAN SEE A, A MATCH LINE AND THAT THERE'S THE OTHER PART OF THE PROPERTY. AND THAT, AS I MENTIONED, WE HAVE BEEN WORKING THROUGH, UM, REVIEW COMMENTS AND CONDITIONS SINCE WE HAVE A NUMBER OF ITEMS ON THE AGENDA THIS EVENING. AND WE'VE ASKED THE CITY ENGINEER, UM, TO, TO BE WITH US. AND HE'S HERE TO BE ABLE TO ANSWER ANY FIELD, ANY, UM, ENGINEERING QUESTIONS. UM, BUT WE DID HAVE SOME CONDITIONS FOR THIS PARTICULAR ITEM. UH, THEY HAD MADE, UM, QUITE A BIT OF EFFORT RESUBMITTING AND FOLLOWING UP ON REVIEWS. AND, UM, WE STILL WOULD LIKE TO HAVE THESE RECOMMENDATIONS GO FORWARD, UH, TO CITY COUNCIL UNTIL ALL PARTIES HAVE THE ABILITY TO THOROUGHLY, UM, VET THESE ITEMS. UM, HOWEVER, ON CONDITION NUMBER FOUR, THE APPLICANT IS AWARE THEY HAVE TO, UH, COMPLETE THE SANITARY SEWER EASEMENT, UH, BEFORE THEY CAN FILE THE PLAT. AND YOU'LL SEE THAT ON ANOTHER AGENDA ITEM THIS EVENING THAT THE RECORDING INFORMATION NEEDS TO SHOW UP ON, ON THE PLAT BEFORE IT CAN BE FILED. UM, SO WE'D LIKE TO ADD THAT TO THIS. UH, THEY WEREN'T ABLE TO SATISFY [00:20:01] THAT SEWER EASEMENT REQUIREMENT BY MAY 7TH. THEY'RE AWARE OF IT. IT, IT IS REQUIRED. IT'S PART OF THEIR DEVELOPMENT AGREEMENT AS WELL. SO THAT'S REALLY THE ONLY, UM, CAVEAT ON THESE CONDITIONS. YOU ALL HAVE THE ABILITY TO APPROVE THIS FINAL PLAT AS IT'S BEEN PRESENTED WITH CONDITIONS THIS EVENING. ADD ANY ADDITIONAL CONDITIONS OR DENY THE FINAL PLAT YOUR RECOMMENDED MOTION IS AT THE BOTTOM OF THE SCREEN. AND ONCE AGAIN, UM, COOPER REINHOLD, THE CITY ENGINEER ON THIS PROJECT'S HERE AND AVAILABLE FOR ANY QUESTIONS THAT YOU MIGHT HAVE AS WELL AS THE APPLICANTS. DOES ANYBODY HAVE ANY QUESTIONS? I DO. IT LOOKS LIKE YOU DO. BRITTANY, LET'S GO TO WHERE THE CONDITIONS ARE AGAIN, WHAT YOU'RE TALKING ABOUT WAS THE SEWER YES, SIR. DEVELOPMENT THAT WAS DUE MAY 7TH, CORRECT? YES, SIR. WE DO HAVE A TIMELINE OF WHEN THEY'RE GONNA COMPLETE THIS. WELL, THAT, THAT'S WHAT WE WERE A LITTLE WORRIED ABOUT MM-HMM . BUT THEY, THAT'S WHY WE WANNA CHANGE THIS ONE, THAT IT HAS TO BE, UM, COMPLETED AND NOTED ON THE FINAL PLAT PRIOR TO THE FINAL PLAT BEING FILED AT THE COUNTY. SO THIS STILL MIGHT GO TO CITY COUNCIL AND, AND NOT HAVE THAT SATISFIED. WE MIGHT NOT HAVE THE EASEMENT IN HAND AND EXECUTED EASEMENT, BUT WE WON'T FILE THAT PLOT UNTIL WE DO HAVE IT. ALRIGHT, THANK YOU. SO IT MIGHT, IT MIGHT STILL GO TO CITY COUNCIL, LIKE YOU JUST SAID, RIGHT? BUT YOU WILL NOT FILE ANYTHING IF THAT'S NOT CORRECT. CORRECTED? YES. OKAY. WELL, HOW COME IS IT JUST NOT CORRECTED AND BROUGHT TO US? WELL, IT'S NOT SO MUCH THAT IT'S NOT CORRECTED. THEY, THEY'VE BEEN, IT'S THIRD PARTY FOLKS TRYING TO WORK ON COMPLETING THAT EASEMENT, AND THEY DON'T HAVE IT BACK YET FROM, FROM THE CONSULTANTS WORKING ON IT. MM-HMM . AND IF YOU'D LIKE TO HAVE MORE INFORMATION, THE APPLICANT COULD CERTAINLY COME UP HERE AND EXPLAIN THE REASONS WHY IT'S TAKEN LONGER THAN EXPECTED. YEAH. TIM BAKER, 44, 12 EDMONDSON, UH, DALLAS, TEXAS. SO, UH, MY TAKE ON THAT EASEMENT, UH, WAS, AND YOU KNOW, WE'VE BEEN WORKING VERY CLOSELY WITH, UH, WITH HELEN EVE AND WITH, AND WITH THE CITY. UM, SO WHAT HAPPENED IS, UH, THE, THE WATER LINE WAS INSTALLED OUTSIDE OF THE EASEMENT THAT, UH, THAT WAS DRAWN. AND IT WAS GRANTED NOT BY US, BUT BY OTHERS, UM, NOT AT OUR WORK. SO IT WAS INSTALLED IN THE WRONG PLACE. UM, THE, AND THAT WAS ONLY DISCOVERED WE WORKED WITH LEANNE. UM, THEY HAD TO GO OUT THERE AND, AND PRECISELY LOCATE WHERE THE, UH, THE LINES HAD BEEN INSTALLED. UH, YOU KNOW, AGAIN, I THINK BY THE CITY'S AT THE CITY'S REQUEST, BUT IT WAS OUTSIDE OF THE EASEMENT, SO IT WAS A MISTAKE BY OTHERS. UM, SO WHAT LEANNE AND THE CITY HAVE SAID, WELL, WE'LL JUST HAVE TO, UH, WE'LL JUST HAVE TO GIVE US SOME MORE EASEMENT. UM, AND THAT JUST POPPED UP, UM, RECENTLY. SO WE HAVE TO WORK WITH, UH, WITH, WITH THE OTHER USERS. WE DON'T CONTROL THE LAND, UH, A HUNDRED PERCENT FOR VACCA CONTROLS THE LAND. SO WE HAVE TO HAVE A, A TRI-PARTY AGREEMENT TO GET THAT. AND WE HAVE TO HAVE OUR ENGINEERS, UH, YOU KNOW, PRECISELY LOCATE THAT, THEN PRECISELY BECOME A LEGAL DESCRIPTION WITH THE, WITH THE EASEMENT. UM, SO REALLY WE'RE FIXING THE MISTAKE BY OTHERS. UM, IT'S JUST THAT IT, IT POPPED UP, UH, RECENTLY THAT IT WAS INSTALLED OUTSIDE OF THE EASEMENT AREA. SO, SO YOU'RE NOT MOVING THE EASEMENT, YOU'RE INCREASING THE EASEMENT, IS THAT WHAT YOU'RE SAYING? CORRECT. CORRECT. OKAY. CORRECT. UM, AND THAT HAS RIPPLING EFFECTS WITH WHERE LIKE BUILDINGS CAN BE AND SETBACKS AND UNDERGROUND STORAGE TANKS AND, AND ALL THAT. SO IT'S A LOT OF REDESIGN, UM, THAT, THAT HAS TO BE DONE. UM, WE'RE NOT SEEKING ANY COMPENSATION FOR THAT. UM, BUT WE'RE DOING OUR BEST. UM, WHAT IF IT'S NOT ABLE TO BE, THE PRELIMINARY DRAW IS GONNA BE ABLE, THE PRELIMINARY DRAWINGS ARE THAT IT'S GONNA BE ABLE TO WORK. YOU'RE JUST WAITING FOR A THIRD PARTY, ALL PARTIES TO AGREE. YEAH. AND TO BE DRAWN, YOU KNOW, WITH PRECISION HAS TO BE DRAWN WITH PRECISION AND THEN DESCRIBED WITH PRECIS AS, AS YOU KNOW. SO THAT'S ALL. THIS JUST POPPED UP, UM, YOU KNOW, RECENTLY AND, UH, WELL, IT SAID YOU HAD TO HAVE IT ALL DONE IN KITTEN SUBMITTED BY MAY 7TH. SO HOW SOON DID IT JUST POP UP? UM, DO YOU REMEMBER HELEN EVE WHEN, WHEN LEANNE HAD THAT, HAD THAT SURVEY, THEY HAD TO GO OUT AND SURVEY. SO IT'S NOT REALLY BEHIND. IT'S, IT MIGHT HAVE BEEN, HMM. THIS IS WANT LEANNE HERE? YEAH. OR, OR SHANDA SAY A MONTH AGO. ABOUT A MONTH AGO, WEEKS, SOMETHING LIKE THAT. OKAY. WHICH IS REALLY, YOU KNOW, PRETTY RECENT. SO I, I'M HOPEFUL THAT [00:25:01] WHAT WE CAN DO IS JUST, UM, INCREASE THE, THE, THE SIZE OF, OF THE EASEMENT. I THINK THAT'S WHAT'S, WHAT'S GONNA HAPPEN. BUT IT CAUSES A BUNCH OF, OF REDESIGN REWORK ON OUR, ON OUR PART. OKAY. AND, AND WE WERE ALREADY SCHEDULED AND WORKING AND GIVEN NOTICE, UM, TO BE ON THIS, UH, ON THIS AGENDA MM-HMM . SO WE WERE KIND OF WORKING ON THAT TRACK, WHICH HAS TO DO WITH OTHER THINGS LIKE, UH, THE COLLECTOR ROW DRAWINGS AND THAT WE'VE COMPLETED THOSE AND GETTING THOSE DONE. UM, ALSO WE WERE ASKED, UM, TO REDO OUR DRAWINGS TO FACILITATE, UM, THE, THE, THE SCHOOL. SO WE, WE DID THAT FOR, FOR THE SEWER ALSO TO FACILITATE, UM, THE REDESIGN OF 4 28. SO WE HAVE THAT IN PROCESS RIGHT NOW. UM, THESE ARE CHANGES. UM, YOU KNOW, I'M PROUD OF HOW WE'VE WORKED WITH THE CITY CHARLES AND, AND, AND EVERYONE ELSE. UH, WE'RE MAKING GREAT PROGRESS ON THAT, BUT UNFORTUNATELY, YOU KNOW, IT JUST TAKES TIME WHEN WE SUBMIT SOMETHING, UM, TO THE CITY, UH, A DRAWING, FOR EXAMPLE, IT'LL TAKE THREE TO FOUR WEEKS TO GET THAT BACK FROM OUR COMMENTS. MM-HMM . SO, YOU KNOW, YOU, YOU MOVE IN THESE ALMOST LIKE MONTH INCREMENTS, UH, BY THE CALENDAR. WE MAKE A CHANGE, THEN THE CITY GETS, ITS THEIR COMMENTS THREE TO FOUR WEEKS LATER, THEN WE RESPOND TO THAT AND THERE THREE TO FOUR WEEKS LATER. SO IT'S JUST KIND OF THE CADENCE WE'VE BEEN ON. OKAY. THANK YOU. BUT I THINK WE'LL GET IT DONE AND WE'RE MAKING IT A NON-ISSUE. ANYTHING ELSE WHILE I'M, UH, UP HERE? YOU EXPLAINED THAT REALLY WELL BY. YEAH. OH, WELL, THANK YOU. THERE'S A LOT, WE'VE, THERE'S A LOT OF DETAILS WE'VE BEEN AFTER. THANK YOU. I'M HAPPY TO BE HERE. THIS, UH, I LIKE THE NEW, UH, FACILITY. IT'S FANTASTIC. WE DO TOO. YEAH. HAVE THIS CLEAN DOOR. WE WILL BLAME THE CHIEF OF POLICE ON THAT. . UH, DOES ANYBODY HAVE ANY OTHER QUESTIONS? OKAY, WELL, I WILL MAKE THIS. USE YOUR MIC. I TALK LOUD ENOUGH, I THINK. OKAY. A DREAM ABOUT SAYING, USE YOUR MIC. LET LET ME, HOLD ON. WELL, I, OKAY. WHICH ONE DO WE READ? THAT'S WHAT I THOUGHT. THIS ONE. THIS ONE. THAT'S WHAT I DID LAST. EXCUSE ME. WE'RE JUST GETTING USED TO SOME OF THESE THINGS. UM, TECHNOLOGY. I MAKE A MOTION TO APPROVE THE FINAL PLAT SUBJECT TO THE LISTED CONDITIONS. LABEL THE AREA ALONG. YES. UH, FM 4 28 SPRINGHILL DRIVE LABEL EASEMENTS AS AUBREY EASEMENTS WERE APPLICABLE. NUMBER THREE, VERIFY AND CORRECT THE SANITARY SEWER VELOCITIES ON SHEET C 22 OF THE CIVIL PLANS. FOUR. PROVIDE THE EXECUTED SANITARY EASEMENT, SANITARY SEWER EASEMENT AS REQUIRED PER THE DEVELOPMENT AGREEMENT. AND NUMBER FIVE, THE ABOVE ITEMS SHALL BE COMPLETED AND RESUBMITTED NOT BY MAY 7TH. UM, AT AS SOON AS POSSIBLE. AS WHAT'S, YEAH. IS THERE A DATE YOU WANT US TO HAVE ON THAT? OH, LET'S GO WITH MONDAY. MONDAY B THE 12TH. AND COMMISSIONER STONE, IF YOU COULD ADD TO THE NUMBER FOUR MM-HMM . THAT THE FINAL PLAT WILL NOT BE FILED UNTIL THE EASEMENT IS COMPLETED. AND WE HAVE THAT DOCUMENTATION ON THE PLA. OKAY. UM, BECAUSE I WAS READING A LOT AT THE SAME TIME YOU WERE SPEAKING. OKAY. NUMBER FOUR, WE NEED TO ADD TO THE APPROVAL. THE APPROVAL FROM, FROM THE CITY COUNCIL. YEP. THAT ONE. UM, AND WILL YOU JUST RESTATE IT FOR HER? I CAN, I'M WAS READING THAT. YEAH, PLEASE RESTATE IT. I APOLOGIZE. LET'S GO. UM, THAT THE EASEMENT NEEDS TO BE EXECUTED PRIOR TO FINAL PLAT BEING FILED ON NUMBER FOUR. THE EASEMENT NEEDS TO BE EXECUTED PRIOR TO THE FINAL PLAT BEING YES. FINALIZED, FILED. VERY GOOD. FILED, FILED, FILED. NOT FINALIZED. THANK YOU. AND THEN THE ABOVE ITEMS SHALL BE COMPLETE AND RESUBMITTED BY MOST LIKELY MAY 12TH, 2025. YES. MAY 12TH, 2025. OKAY, I'LL SECOND. OKAY. ALL IN FAVOR? ANY OPPOSED PASSES SIX TO ZERO. ITEM NUMBER THREE, CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING PRELIMINARY PLA ACT OF APPLICATION FOR HIGH POINT RANCH EAST PHASE ONE FOR 192 RESIDENTIAL LOTS AND THREE HOA LOTS BEING APPROXIMATELY 35.254 ACRES OUT OF THE FRANCISCO TREVINO SURVEY AS ABSTRACT NUMBER 1 2 4 3. GENERALLY LOCATED SOUTH OF EAST BLACKJACK ROAD, EAST OF US, HIGHWAY 3 77 AND NORTH OF [00:30:01] SPRING HILL ROAD, FM 4 28. CITY OF AUBREY, DENTON COUNTY, TEXAS, HELEN E. ALL RIGHT. WE ARE STILL IN THE HIGH POINT RANCH AREA AND THE SCREEN IDENTIFIES THE LOCATION FOR THIS HIGH POINT RANCH EAST PHASE ONE PRELIMINARY PLAT. THE NEXT AGENDA ITEM IS THE, THE FINAL PLAT. SO THESE TWO GO TOGETHER. THE PRELIMINARY PLAT, IT EXPIRED. UM, SO THAT'S WHY YOU HAVE TO RESUBMIT, UM, A PRELIMINARY PLAT. IT'S ESSENTIALLY THE, THE SAME EXHIBIT. UH, THE, UH, PRELIMINARY PLAT CONTAINS 102 RESIDENTIAL LOTS AND A FEW HOA LOTS. YOU CAN SEE THE, THE SHEETS THAT ARE ASSOCIATED WITH THE, THE LOT LAYOUT AND CONFIGURATION. UH, THE CITY ENGINEER HAS BEEN, UM, REVIEWING THIS PROJECT AS WELL WITH THE FINAL PLAT. UM, WE DO HAVE MORE COMMENTS, HOWEVER, ON THIS PARTICULAR ITEM. STAFF RECOMMENDS APPROVAL AND YOU HAVE THE ABILITY TO APPROVE IT AS WE PRESENTED THIS EVENING. UH, YOU COULD ADD ANY CONDITIONS OR YOU COULD DENY, UH, THE RECOMMENDED MOTION IS AT THE BOTTOM OF THE SLIDE. UM, STAFF RECOMMENDS, UM, YOU APPROVE IT. SO MOTION TO APPROVE THE PRELIMINARY PLAT. THE APPLICANTS ARE HERE THIS EVENING, SHOULD YOU HAVE ANY QUESTIONS. AND ONCE AGAIN, OUR CITY ENGINEER, COOPER REINOLD ISN'T THIS ONE WE'VE ALREADY APPROVED BEFORE. IT WAS PART OF A LARGER PRELIMINARY PLAT. RIGHT. SO THAT ONE EXPIRED. SO WE'VE, WE'VE HAD OTHER PHASES, BUT NOT SINCE I'VE BEEN HERE. WE'VE HAD JUST THIS PHASE. WE HAD, UM, PHASES TO THE SOUTH. OKAY. YOU WANT ME TO GO BACK TO THE PICTURE IN THE BLACKJACK? YES. THIS IS IN THE FAR NORTHEAST CORNER. WHAT ARE THE THREE HOA LOTS BEING USED FOR? UH, THERE'S, JUST AS A REMINDER, THERE'S AN HOA LOT TO ACCOMMODATE LANDSCAPING, SCREEN WALL ENTRY FEATURES. AND I BELIEVE THAT'S IT. THERE MIGHT BE ONE AT THE NORTHEAST CORNER THAT IS DETENTION. OKAY. LET ME LOOK AT THAT REAL QUICK. YES. OKAY. DOES ANYBODY HAVE ANY OTHER QUESTIONS FOR HE? I'LL MAKE A MOTION TO RECOMMENDS YEAH, TO RECOMMEND APPROVAL OF HER FROM HIGH POINT BRANCH FROM PHASE ONE. SO BRITTANY MAKES PHASE ONE A MOTION TO APPROVE KYLE SECONDS. ALL IN FAVOR? ANY OPPOSED? IT PASSES SIX TO ZERO. ITEM NUMBER FOUR, CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A FINAL PLAT APPLICATION FOR HIGH POINT RANCH EAST PHASE ONE FOR 192 RESIDENTIAL LOTS, THREE HOA LOTS BEING APPROXIMATELY 35.254 ACRES OUT OF THE FRANCISCO TAVEN SURVEY. ABSTRACT NUMBER 1, 2, 4 3. GENERALLY LOCATED SOUTH OF EAST BLACKJACK ROAD, EAST OF US HIGHWAY 3 77 AND NORTH OF SPRING HILL ROAD, FM 4 28. CITY OF AUBERY, DENTON COUNTY, TEXAS, KELLY. ALRIGHT, IT'S THE EXACT SAME PROPERTY. AND PLAT, THIS IS THE FINAL PLAT STAMPS RECOMMENDING APPROVAL, UM, AS PRESENTED IN THE PACKET AS WELL AS IN THE SLIDES THIS EVENING. YOU HAVE A, A LIST OF CONDITIONS THAT ARE UP ON THE SCREEN, AND A LOT OF THAT IS NITTY GRITTY ENGINEERING STUFF THAT I AM NOT GOOD AT. I'M NOT AN ENGINEER, BUT WE CERTAINLY HAVE ENGINEERS HERE FOR THE CITY AS WELL AS THE APPLICANT. SHOULD YOU HAVE ANY QUESTIONS? THE RECOMMENDED MOTION IS TO, UM, APPROVE THE FINAL PLA ITS PRESENTED WITH, UH, THE LIST OF CONDITIONS. DOES ANYBODY HAVE ANY QUESTIONS? I'D LIKE TO MAKE A MOTION TO APPROVE THE, UH, THE CIVIL PLAN SET SHEET C 48 TO ONE CLARIFY RESPONSE TO PREVIOUS REVIEW. COMMENT, UM, IS THE REASON WHY THE LINE IS LOWERED BECAUSE OF THE WATER SERVICE CONNECTIONS SHEET C 54 2. ITEM NUMBER TWO, FOR A 12 INCH AT A 0.31% SLOPE IN AN IN VALUE OF 0.013 SHOULD HAVE A PIPE CAPACITY OF 1.28 MGD AND A VELOCITY OF 2.53 FOOT NUMBER THREE, THIS PIPE ALONG THE DOWNSTREAM 12 12 1 12 FEET. SO 12 FEET OR 12 INCHES, I AM NOT 12 INCHES, SORRY. SECTIONS AT 0.31% AND 0.3% WILL [00:35:01] NOT HAVE ADEQUATE FULL, FULL FLOW CAPACITY TO CONVEY THE PEAK DESIGN FLOW. NUMBER FOUR, VERIFY ALL HYDRAULIC CALCULATIONS. FIVE. VERIFY THAT Q CCAP IS THE REPRESENTATIVE, IS THE REPRESENTATIVE OF FULL FLOW CONVEYANCE CAPACITY OF THE PIPE. I'LL SECOND. THANK YOU, KYLE, YOU DID SO GOOD. NO . NO, NO, NO. BUT I JUST MADE MY SURVEYOR DAD HAPPY. ALL IN FAVOR? ANY OPPOSED PASSES? SIX TO ZERO. OKAY. ITEM NUMBER FIVE, CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING A PRELIMINARY PLA FOR PALOMINO FOR 300 RESIDENTIAL LOTS. ONE LIFT STATION, LOT FIVE HOA LOTS, ONE PUBLIC PARK, LOT ONE GENERAL RETAIL, LOT CITY DEDICATED GENERAL RETAIL LOT BEING APPROXIMATELY 46.97. FOUR ACRES OF LAND SITUATED IN THE JAY BRIDGES JUNIOR SURVEY, ABSTRACT NUMBER 36, WITHIN THE CITY OF AUBREY, DENTON COUNTY, TEXAS. THE PROPERTY IS GENERALLY LOCATED WEST OF FM 29 31 NORTH OF FRONTIER PARKWAY AND EAST OF THE FUTURE SILVERADO PARKWAY. MELANIE? ALL RIGHT, THANK YOU. THIS PROPERTY WAS PRELIMINARY PLATTED, UM, LAST YEAR SOMETIME. AND IT WAS AT THAT TIME, UM, CALLED THE LLOYD PROPERTIES, YOU SEE ON THE SCREEN. AND I, I PUT THIS IN THERE SO YOU CAN GET, YOU KNOW, A LITTLE BIT OF CONTEXT. THIS IS THE CONCEPT PLAN THAT WAS IN THE, THE PD PLAN DEVELOPMENT DISTRICT ZONING. BUT IT'S A LOT EASIER TO SEE WHERE, WHERE THE DIFFERENT COMPONENTS ARE. AND YOU CAN, UM, TELL WHERE ALL THE RESIDENTIAL LOTS ARE LOCATED. THERE'S A COMMERCIAL LOT ALONG, UH, THE STREET FRONTAGE AS WELL AS THIS. UH, THE PURPLE LOT IS TO BE DEDICATED TO THE CITY FOR, UM, CITY USES. THERE IS A, A COMMUNITY PARK IN THIS AREA, A LARGE DETENTION FACILITY, A LIFT STATION LOT, AND THEN ANOTHER PRIVATE, UM, LOT THAT'S MAINTAINED AND OWNED BY THE HOA AS AS A DOG PARK. SO THE, THE PLAT, ALL, ALL OF THE LOTS COMPLY WITH THE, THE PD ZONING. AND WE HAVE BEEN REVIEWING THIS ALONG WITH THE NEXT AGENDA ITEM, WHICH IS THE FINAL PLAT FOR THE, THE SAME PROPERTY. AND THEN I, I JUST PUT IN HERE, UM, BECAUSE ALL OF THESE PLANS ARE PART OF THE, THE CIVIL, CIVIL SET. AND WE HAD ASKED, BECAUSE THERE IS A PUBLIC PARK, AND I THOUGHT YOU ALL WOULD BE INTERESTED IN SEEING THE POLICE GATES AND COMPONENTS THAT ARE PROPOSED QUITE NICE. UM, AS I I MENTIONED CITY, CITY ENGINEER HAS BEEN REVIEWING THIS. WE DON'T HAVE ANY CONDITIONS. UM, SHOULD YOU ALL SEE ANY CONDITIONS YOU WANNA ADD, YOU CERTAINLY HAVE THAT ABILITY TO, OR YOU COULD ALSO DENY THE PLA STAFF IS RECOMMENDING YOUR MOTION BE TO APPROVE THE PRELIMINARY PLAT AS PRESENTED AND THE APPLICANT'S HERE AS WELL AS OUR CITY ENGINEER. SO THIS IS JUST NORTH OF SILVERADO, CORRECT? THAT'S, SO THOSE HOUSES IN THE SOUTH ARE, I JUST PULLED UP THE OTHER, THE OTHER MAP, THE, UH, CAD MAPS ON. DOES ANYBODY HAVE ANY QUESTIONS? MM-HMM. I WOULD MAKE A MOTION TO APPROVE THE PRELIMINARY PLAT CONCEPT. RIGHT? KYLE MADE A MOTION. CANDACE SECONDED. ALL IN FAVOR? ANY OPPOSED? IT PASSES SIX TO ZERO ITEM NUMBER SIX, CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING A FINAL PLAT FOR PALOMINO FOR 300 RESIDENTIAL LOTS. ONE LIFT STATION, FIVE HOA LOTS, ONE PUBLIC PARK, LOT ONE GENERAL RETAIL LOT ONE CITY DEDICATED GENERAL RETAIL LOT BEING APPROXIMATELY 46.974 ACRES SITUATED IN THE JAY BRIDGES JUNIOR SURVEY ABSTRACTS NUMBER 36 WITHIN THE CITY OF AUBREY, DENTON COUNTY, TEXAS PROPERTY IS GENERALLY LOCATED WEST OF FM 29 31 NORTH OF FRONTIER PARKWAY AND EAST OF FUTURE SILVERADO PARKWAY. ALL RIGHT, SAME PROPERTY. UM, WE, UM, STAFF RECOMMENDS APPROVAL. THERE IS ONLY ONE CONDITION ASSOCIATED WITH THIS ITEM, AND IT'S THAT CITY COUNCIL APPROVE THE PRELIMINARY PLAT. UM, SO THAT'S JUST A, A MINOR, MINOR ISSUE. UM, SO YOUR RECOMMENDED MOTION IS TO APPROVE THE FINAL PLAT SUBJECT TO CITY COUNCIL [00:40:01] TO APPROVE THE FINAL PLAT SUBJECT TO CITY COUNCIL. SUBJECT TO CITY COUNCIL PROOFING THE, UM, ARY. OH, YES. I THANK YOU. ALL RIGHT. WHO WAS THAT? DAWN. DAWN. SO BRITTANY MADE A MOTION. DAWNS SECONDED. ALL IN FAVOR? ANY OPPOSED? IT PASSES SIX TO ZERO. NUMBER SEVEN, CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SITE PLAN APPLICATIONS FOR THE SHOPS AT HIGH MEADOWS. LOT FOUR R ONE BLOCK A OF THE GARLAND WILSON EDITION, LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST HIGH MEADOW DRIVE AND BETTY LANE IN THE CITY OF AUBREY, DENTON COUNTY, TEXAS. THANK YOU, GENTLEMEN. THANKS, Y'ALL. OKAY. READY? YEAH, I'M READY. ALRIGHT. SO THE SUBJECT PROPERTIES AT THE SOUTHWEST CORNER OF BETTY AND HIGH MEADOW. YOU CAN, UM, SEE THE LOCATION MAP ON THE SCREEN. AND THIS PROJECT, I UNDERSTAND HAS BEEN IN REVIEW FOR A LONG TIME NOW, PROBABLY A, A COUPLE OF YEARS. SO WE'RE, WE'RE PLEASED TO BE ABLE TO, TO BRING IT FORWARD. THE, THE SITE PLAN HAS, UH, TWO RETAIL BUILDINGS. UM, IT PROVIDES FOR THE PARKING, UH, ONE OF THE ITEMS, UM, WELL THERE ARE A FEW CONDITIONS, BUT, BUT ONE OF THE ITEMS HAS TO DO WITH THE, UH, LANDSCAPE REQUIREMENTS ON THE PROPERTY. AND YOU ALL SAW THIS LAST YEAR, CORRECT? AND IT WAS CONDITIONALLY APPROVED, BUT THEY'VE MADE SOME MINOR CHANGES. UH, ONE OF 'EM IS THEY TOOK, UM, THEY'RE PROPOSING TO TAKE THE DETENTION AND PUT IT UNDERGROUND AND, YOU KNOW, THERE ARE SOME DRAINAGE ISSUES IN THIS PARTICULAR AREA. UH, BUT GOING BACK TO THE LANDSCAPE, UM, CITY COUNCIL DID APPROVE THAT, UM, VARIANCE IN THAT, THAT SITE PLAN. AND YOU CAN SEE THE, THE LITTLE CHART THAT SHOWS WHAT'S REQUIRED AND WHAT'S PROVIDED. THEY, THEY CERTAINLY EXCEED THE REQUIREMENTS. WE DON'T LIKE TO ENCOURAGE, UH, VARIANCES. BUT THIS PARTICULAR ONE, THERE IS A, AN EASEMENT, I BELIEVE IT'S A WATER EASEMENT ALONG THE SOUTHERN PROPERTY BOUNDARY THAT, UM, WOULD PUSH THINGS A LOT FURTHER. AND AS I I MENTIONED, IT'S BEEN IN THE WORKS FOR A LONG TIME AND IT, IT HAS BEEN APPROVED VERY SIMILAR TO THIS PARTICULAR LAYOUT IN THE PAST. UH, THIS, UM, THOSE ARE THE BUILDING ELEVATIONS FOR, FOR YOUR REFERENCE TO SEE WHAT THEY'RE PROPOSING TO CONSTRUCT. AND THIS IS THE, THE LANDSCAPE PLAN SHOWING ALL OF THE, THE TREES AND SHRUBS IN THE PROPER LOCATIONS. AND YOU DO HAVE THE ABILITY TO RECOMMEND, UM, A SITE PLAN FOR APPROVAL SUBJECT TO THAT TYPE OF A, A VARIANCE BECAUSE IT, IT FALLS WITHIN A CERTAIN SECTION OF YOUR CODE. AND WE HAVE, LET'S SEE, PROBABLY A COUPLE OF PAGES OF RECOMMENDATION CONDITIONS. AND THOSE ARE LISTED IN YOUR AGENDA PACKET AS WELL AS UP ON THE SCREEN. WE ARE WORKING WITH THEM ON, UM, A SCREENING WALL EASEMENT ALONG THE, NOT A SCREENING WALL, A RETAINING WALL EASEMENT ALONG THE WESTERN PROPERTY BOUNDARY THERE. THE ENGINEER'S STILL WAITING ON SOME DRAINAGE INFORMATION TO PROVE UP, UM, THAT THE UNDERGROUND DETENTION WILL MEET REQUIREMENTS. AND THE PHOTOMETRIC, UM, THAT HAS BEEN IN REVIEW AND I ALREADY MENTIONED THE, THE DRAINAGE PLANS. SO WE ARE, UM, RECOMMENDING APPROVAL SUBJECT TO THOSE, THOSE ITEMS THAT ARE LISTED IN YOUR PACKET AND UP ON THE SCREEN, THE RECOMMENDED MOTION IS TO APPROVE, WELL, THAT'S THE REFL I WENT TOO FAR. WELL, THAT ONE DIDN'T MAKE IT UP THERE, BUT, UM, THE RECOMMENDED MOTION IN YOUR PACKET IS TO APPROVE WITH THE CONDITIONS. AS I MENTIONED, THEY'RE IN YOUR PACKET AS WELL AS UP HERE ON THE SCREEN. THE APPLICANTS, UM, ARE HERE THIS EVENING. THEY'RE ENGINEER AS WELL AS OUR CITY ENGINEER. SHOULD YOU HAVE ANY QUESTIONS? I JUST WANNA BE CONFIRMED. WHAT'S THE VARIANCE FOR? IS IT FOR THE CANOPY TREES EIGHT TREE ACCENT TREES THAT IT'S FOR THE LANDSCAPE BUFFER ALONG THE SOUTHERN PROPERTY BOUNDARY AND THEN ALONG THE, THE WESTERN. YEAH, I WAS SURE. I WAS LIKE, OKAY, LET'S MAKE SURE. SO IT'S A CHANGE TO WHAT WE PREVIOUSLY APPROVED. IS THAT VERY SIMILAR. OKAY. ONE OF 'EM DIDN'T HAVE ENOUGH [00:45:01] CHOICE AS REQUIRED, BUT THEY ALWAYS DO IT WITH THE, THE OTHER TWO, WELL I BELIEVE THIS ONE THEY DO HAVE, SO THE ACCENT TREES, RIGHT? MM-HMM . RIGHT? YEAH. I'M GONNA MAKE THE STATEMENTS SINCE I DRIVE BY THIS ALL THE TIME, ANYTHING THAT THEY PUT THERE IS BETTER THAN WHAT'S THERE RIGHT NOW, . BUT I DO WANNA HAVE LOTS OF BEAUTIFUL LANDSCAPING. SO IF YOU GO, LIKE, YOU'RE GOING TOWARDS THE APARTMENTS AND THEN YOU TURN LIKE YOU'RE GOING TOWARDS THE DAYCARE ON BETTY. OKAY. OH, YEAH, YEAH, YEAH. THAT CORNER. I MEAN, IT'S A CUTE, MY CONCERN. GO AHEAD. MY CONCERN IS ALWAYS THE DRAINAGE. UM, I DON'T UNDERSTAND DRAINAGE ENOUGH TO KNOW WHAT MY CONCERN IS, BUT WHAT AM MY, I I, WHEN DRAINAGE COMES UP, I GET CONCERNED. UM, IS IT A DRAINAGE ISSUE THAT WE THINK HELP, LIKE I SAID THERE, YOU KNOW, WITH THE, COME ON DOWN. UM, AGAIN, I'M SORRY. WAS THERE A DIRECT QUESTION THERE? NOPE. NO. IS A DRAINAGE I NEED TO UNDERSTAND ABOUT THE DRAINAGE. DRAINAGE. ANYTIME DRAINAGE COMES UP, I THINK THAT WE NEED TO UNDERSTAND WHAT THE ISSUE IS FIRST. I WANNA APOLOGIZE. I'LL START MAKING THESE COMMENTS SHORTER ON HERE AND LESS NUMBERS AND STUFF. I, I DIDN'T REALIZE, DON'T LET ME READ THEM. READ. I'M SORRY. . UM, SO TO OUR UNDERSTANDING IS THAT THE DRAINAGE DOWNSTREAM FROM THIS AREA HAS BEEN A PROBLEM. AND, YOU KNOW, THAT GETS, THAT GETS PUSHED UPSTREAM. SO EVERY SINGLE ONE OF THOSE DEVELOPMENTS IT THAT COMES IN OR EXISTING, I MEAN, WHENEVER A NEW ONE COMES IN, THEY CUT THEIR BACKS KIND OF UP AGAINST THE WALL. IT'S LIKE, WELL, HOW ARE WE SUPPOSED TO FIX WHAT'S ALREADY THERE DOWNSTREAM OFF SITE? RIGHT? UM, SO THE PRIMARY THING IS THAT THEY ARE NOT, UH, YOU KNOW, SENDING MORE FLOW ONTO OTHER PROPERTY ADJACENT PROPERTIES THAN IS ALREADY THERE TODAY. AND WE WANNA MAKE SURE, UM, I MEAN, NUMBER ONE, YOU WANT THE DRAINAGE RIGHT TO WORK OUT, BUT, RIGHT. UM, AND IF, UH, YOU KNOW, THERE ARE CERTAIN EXCEPTIONS THAT CAN BE MADE, UM, IN, IN SOME CASES YOU CAN ALLOW FOR A CERTAIN AMOUNT OF STORAGE TO BE KEPT IN A PARKING LOT, UM, IN CERTAIN CASES. AND IN THAT CASE, UH, YOU JUST HAVE TO MAKE SURE THAT YOUR FINISHED FLOOR ELEVATION IS WELL ABOVE THAT BECAUSE OBVIOUSLY YOU DON'T WANT YOUR BUILDING SO FAR. SURE. UM, SO THAT IS, WE MET WITH, UH, THEIR ENGINEERS, I BELIEVE YESTERDAY, MAYBE THE DAY BEFORE. UM, TALKED ABOUT THAT, UH, DISCUSSED OUR CONCERNS ABOUT IT THERE. THEY HAVE A, UH, THEY SUBMITTED SOME MORE INFORMATION ON WHAT THEY PLAN TO DO WITH OUR UNDERGROUND STORAGE TODAY. I LOOKED AT IT A FEW HOURS AGO, AND I THINK WE'RE SATISFIED THAT THEY CAN CAPTURE THE AMOUNT OF STORAGE OR THE AMOUNT OF, UH, UH, RUNOFF FROM THE A HUNDRED YEAR STORM EVENTS. IT'S, UH, WHETHER OR NOT WE JUST NEED A LITTLE BIT MORE INFORMATION TO SEE HOW FAST THEY'RE THROWING THAT BACK DOWNSTREAM, BECAUSE WE DON'T WANT THE STUFF DOWNSTREAM. SO, UM, I DON'T ANTICIPATE, I DON'T ANTICIPATE, UM, SIGNIFICANT ISSUES WITH THAT GOING FORWARD. WE JUST NEED A LITTLE BIT MORE INFORMATION, CLARIFICATION AND CONFIRMATION, BECAUSE WE WILL BE 100% SURE THAT THERE WILL BE NO ADVERSE IMPACTS DOWNSTREAM. DOWNSTREAM. SO, OKAY. SO ESSENTIALLY EVERY DEVELOPMENT, IF YOU WILL, AND YOU WANNA KEEP WHATEVER DRAINAGE THAT THEY WE'VE ALREADY APPROVED TO ITS OWN THING AND NOT AFFECT ANYBODY ELSE IS KIND OF THE WAY THIS GETS YEAH. YOU, YOU, YOU CAN'T MAKE IT, YOU DO NOT WANNA MAKE IT WORSE GOING DOWN THE STREET. OKAY. IF IT'S ALREADY, IF IT'S ALREADY BAD TO A CERTAIN DEGREE OFFICER, IT'S NOT ON AN INDIVIDUAL PROPERTY OWNER TO GO BACK AND FIX SOMETHING THAT'S BEEN IN THE GROUND FOR 20 YEARS THAT'S, THAT'S A THOUSAND FEET OFF THEIR PROPERTY OR 2000 OR 3000 FEET OFF THEIR PROPERTY. IT'S NOT UP TO THEM NECESSARILY TO DO THAT. OKAY. BUT THEY CAN'T BE MAKING THAT WORSE BY COMING IN. OKAY. OKAY. I APPRECIATE IT. LIKE I SAID, I'VE GOT DRAINAGE QUESTIONS. I WOULD LIKE TO EVEN KNOW MORE ABOUT DRAINAGE, JUST NOT AT THIS MEETING. I THINK ENGINEERS ALL HAVE DRAINAGE QUESTIONS. WHAT'S THAT? I SAID EVEN ENGINEERS HAVE DRAINAGE QUESTIONS. OKAY. THERE'S A LOT TO, ALL RIGHT. WELL, IF YOU FIND OUT ALL THE ANSWERS, JUST LET ME KNOW. I'LL, ALRIGHT. ANY OTHER QUESTIONS? NO, THANK YOU. UH, CHAIR, IF I COULD OFFER SOME ASSISTANCE ON THE MOTION. ABSOLUTELY. UM, WE HAVE A LOT OF CONDITIONS. YES. UM, THERE'S A DATE THAT IT'S, THAT THESE THINGS ARE DUE BY. YES. THAT WAS A QUESTION OF MINE. UM, WE'D LIKE IT TO BE MAY 12TH. THANK YOU. UM, HELEN EVE, IF YOU WANNA SPEAK TO THAT, SOME OF THESE HAVE ALREADY BEEN COMPLETED, BUT FOR SAKE OF, UH, EASE, WE DON'T NEED TO REMOVE THOSE , BUT I WOULDN'T WANNA REMOVE [00:50:01] ANYTHING ON THE FLY HERE, RIGHT? YEAH, YEAH. SO I, I WOULD RECOMMEND WE CHANGE THE DATE FOR ANY RESUBMISSIONS TO BE WHAT? MONDAY THE 12TH? IS THAT OKAY. RIGHT. IT STATES, UM, MAY 7TH AND, AND I APOLOGIZE FOR THAT, BUT YOU KNOW, WE DO A LOT OF BACK AND FORTH WITH THE APPLICANTS. WE HAVE AGENDA PACKETS. I MEAN, I PUT THIS TOGETHER TUESDAY A WEEK AGO WAS THE CUTOFF. SO THINGS CHANGE IN THAT LAST WEEK AND WE CAN'T KEEP, I GET CUT OUT. I LIKE IT WHEN YOU SAY THAT'S BEEN SATISFIED, THAT'S BEEN SATISFIED. WELL, WE'LL KEEP WORKING ON THAT, BUT WE CAN'T GET BACK INTO THE AGENDA AND, AND CHANGE THINGS, SO MM-HMM . AND SO THE RECOMMENDED MOTION CAN JUST BE, UH, A MOTION TO APPROVE THE SITE PLAN, UM, WITH THE STAFF, RECOMMENDED CONDITIONS WITH THE DUE DATE BY, UH, MAY 12TH. I'LL MAKE A MOVEMENT. I TRIED THAT LAST TIME YOU GOT SHOT . YOU EXACTLY. MARIE'S BECOME Y'ALL'S FAVORITE ATTORNEY, HASN'T SHE? OKAY, SO I MOVE THAT WE ACCEPT THE RECOMMENDATIONS THAT THE STAFF RECOMMENDATION, THAT THE STAFF RECOMMENDATIONS FOR THE DATE AND NO LATER THAN MAY THE 12TH. RIGHT. UH, TO APPROVE THE SITE PLAN. TO APPROVE THE SITE PLANS. ALL RIGHT. SO CRYSTAL'S MADE A MOTION. AND KYLE, YOU'VE SECONDED IT. I SECOND IT. YEP. ALL I'M AFRAID I WAS GONNA HAVE TO READ ALL THAT. ALL IN FAVOR? ANY OPPOSED? WHO PASSES SIX TO ZERO? WE'RE GONNA, WE'LL, REWORK THINGS TO MAKE IT EASIER THAT WE CAN'T READ, BUT THAT'S A LOT. THIS IS, I WOULDN'T, I WOULDN'T WANNA READ BY. YEAH. AND IT'S A FUNCTION OF THE LAW THAT ABSOLUTELY IS MAKING THINGS COMPLICATED. AS LONG AS, AS LAWYERS. ITEM NUMBER EIGHT, CONSIDERING MAKE A RECOMMENDATION TO THE CITY COUNCIL ON A RELA APPLICATION FOR LOT FOUR R ONE R BLOCK A OF THE GARLAND WILSON EDITION, LOCATED IN THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST HIGH MEADOW DRIVE AND BETTY LANE IN THE CITY OF AUBREY, DENTON COUNTY, TEXAS. THANK YOU HEINE. ALL RIGHT. IT'S A REPL FOR THE SITE PLAN THAT YOU JUST SAW. SO THE, UM, PLAT PROVIDES FOR THE FIRE LANE EASEMENT, YOU CAN SEE THAT FAINT, UM, ILLUSTRATION FROM BETTY LANE UP TO HIGH MEADOW AND IT PROVIDES FOR, FOR OTHER EASEMENTS. AND AS I MENTIONED, THE FIRE LANE EASEMENT. WE HAVE BEEN, UH, WORKING WITH THE APPLICANTS ON THIS PARTICULAR PROPERTY AND WE DID HAVE SOME CONDITIONS. WHERE ARE THEY? HERE THEY ARE. UM, THEY'RE LISTED IN THE RECOMMENDATION. THEY'RE ALSO IN YOUR AGENDA PACKET. UM, WE WOULD RECOMMEND THAT ANY REVISIONS THAT ARE OUTSTANDING, BECAUSE I, I BELIEVE THEY HAVE RESUBMITTED AND ANSWERED AND OR CORRECTED A NUMBER OF THESE ITEMS, BUT WOULD WANT TO MAKE SURE WE RECEIVE THAT, UM, RESUBMISSION BY MAY 12TH SO THAT WE CAN TURN IT AROUND THE NEXT DAY FOR THE CITY COUNCIL AGENDA. AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE THE APPLICANTS HERE AS WELL AS THE CITY ENGINEER. DOES ANYBODY HAVE ANY QUESTIONS FOR HELEN EVE? NO. THE MOTIONS ON THE, THE SCREEN AND I CAN GO BACK TO THOSE CONDITIONS IF YOU'D LIKE. I'LL MAKE A MOTION TO APPROVE, UH, WITH THE CONDITIONS PER CHAPTER 10. I'LL RIGHT THERE. SO THE DIVISION ORDINANCE ARTICLE ONE, SECTION FOUR AND 11 OWNER APPLICANT. TO ADDRESS THE COMMENTS OF THE CITY ENGINEER'S REVIEW OF CIVIL PLANS, THE FINAL PLAT SHEET NUMBER ONE ADD NOTARY SIGNATURE BLOCK AS OF A ABSTRACT SURVEY INFORMATION, ADD LOT ACREAGE AND RIGHT OF WAY RECORDING INFORMATION. FINAL PLAT SUBMITTAL SHALL BE SIGNED AND SEALED BY AN RPLS IN THE STATE OF TEXAS. FINAL PLAT APPROVAL IS SUBJECT TO THE SITE PLAN APPRO. OKAY, SO THE FINAL PLAT APPROVAL IS ALSO SUBJECT TO THE SITE PLAN APPROVAL REVISED FLIGHT PLAN WILL BE NO LATER THAN MAY 12TH. YES, SIR. ALRIGHT, THANK YOU. A'S MADE A MOTION. I'LL SECOND BRITTANY'S SECONDING THE MOTION. ALL IN FAVOR? ANY OPPOSED? PASSES SIX TO ZERO. WE'RE ALMOST DONE GUYS. ITEM NUMBER NINE, CONDUCT A PUBLIC HEARING. CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING AMENDMENTS TO EXHIBIT 14. A ZONING ORDINANCE IN CHAPTER 14, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF AUBREY, TEXAS TO REPEAL THE CURRENT PROVISION FOR ZONING BY RIGHT FOR TOBACCO SHOPS IN THE SHOPPING CENTER AND COMMERCIAL ZONING DISTRICTS, AND TO ADOPT A CONDITIONAL USE PERMIT REQUIREMENT WITHIN THOSE DISTRICTS TO PROVIDE REGULATIONS FOR APPROVAL OF SUCH USE [00:55:01] TO PROVIDE FOR TOBACCO SHOP USE WITHIN THE INDUSTRIAL DISTRICT AND PROVIDE FOR A DEFINITION OF TOBACCO SHOPS IN SECTION FOUR DEFINITIONS, HELEN. ALRIGHT, THANK YOU. UM, SO THIS PUBLIC HEARING IS RELATED TO, UH, THE USE OF, UH, TOBACCO SHOPS. UM, YOUR LEADERS HAVE RECOMMENDED WE BRING THIS FORWARD. I THINK YOU'VE SEEN ON A NUMBER OF THE PDS PLAN DEVELOPMENT DISTRICT ZONINGS. THIS IS ONE OF THE USE THAT'S ALWAYS LISTED AS A, A PROHIBITED USE. UM, SO THAT IT KIND OF GOES ALONG WITH WHAT FOLKS HAVE BEEN AGREEING TO DO IN THOSE, THOSE REZONING ITEMS. IT'S CURRENTLY A, AN A PER PERMITTED USE IN THE SC SHOPPING CENTER IN THE SEA COMMERCIAL ZONING DISTRICTS. SO WHAT YOU HAVE BEFORE YOU THIS EVENING IS WE ARE REMOVING THAT TOBACCO SHOPS OUR PERMITTED USE IN THOSE TWO DISTRICTS. AND THEN WE ARE ADDING IT INTO THE INDUSTRIAL DISTRICT AS WHAT WE CALL THE CALL A CONDITIONAL USE PERMIT. SO A CONDITIONAL USE PERMIT IS SIMILAR TO JUST GOING TO GET YOUR BUILDING PERMIT OR, OR SIGNED PERMIT. IF YOU MEET THE REGULATIONS AND CERTAIN REQUIREMENTS, THEN IT'S A PERMITTED USE. AND ON THIS ONE, THE CONDITIONS WE'VE IDENTIFIED IS A TOBACCO SHOP MUST BE LOCATED A MINIMUM OF A THOUSAND FEET FROM ANY PUBLIC SCHOOL. AND THE OTHER CONDITION IS THAT IT BE LOCATED A MINIMUM OF A THOUSAND FEET FROM ANOTHER TOBACCO SHOP. SO THAT, THAT, THAT'S A LOT SAID THERE. SO THE, THE NEXT QUESTION YOU MIGHT BE THINKING IS, WELL, WHAT IF THEY DON'T MEET THOSE CONDITIONS? WHAT DO THEY HAVE A METHOD OF, UM, RELIEF THEY COULD APPLY FOR AN SUP, THE SPECIFIC USE PERMIT, WHICH IS A COMPLETE REZONING PUBLIC HEARING PROCESS TO GO THROUGH FOR P AND Z AND CITY COUNCIL TO DETERMINE IF THAT SPECIFIC USE IN THAT PARTICULAR LOCATION IS A, IS A GOOD CHOICE. AND IF IT'S APPROPRIATE, UM, WE ALSO HAVE, UM, SOME OTHER ITEMS IN THE, UM, FOR SOMEONE TO OBTAIN THE, THE CUP THAT DOESN'T ALLOW MINORS TO ENTER WITHOUT HIS OR HER PARENT OR LEGAL GUARDIAN. UM, YOU CAN'T CONSUME ANY OF THE TOBACCO PRODUCTS, UM, ON THE PREMISES AND, UH, TOBACCO SHOP THAT'S LOCATED IN A BUILDING SHARING ONE OR MORE COMMON WALLS OR SHARING A COMMON ATTIC SPACE WITH ANOTHER RETAILER. COMMERCIAL ESTABLISHMENT SHALL NOT ALLOW PRODUCT USE ON THE PREMISES IN A MANNER THAT INTERFERES WITH THE ADJACENT, UM, USE. UM, BUSINESSES AND ANY EXISTING TOBACCO SHOP LOCATED WITHIN THE CITY LIMITS, UM, WILL BE CONSIDERED ILLEGALLY NON-CONFORMING USE AND THEY CAN CONTINUE OPERATING SUBJECT TO THE REGULATIONS IN SECTION 26 FOR, UM, NON-CONFORMING USES IN THE ZONING ORDINANCE. I'M GONNA THROW A CURVE BALL. DO YOU HAVE A MAP AVAILABLE TO SHOW WHERE THE INDUSTRIAL AREA IS CURRENTLY ZONED FOR THE CITY OF AUBREY? BECAUSE IT'S ADJACENT TO THE HIGH SCHOOL AND IT'S ADJACENT TO SOME NEIGHBORHOODS? WELL, IT WAS IN THAT LAST PROPERTY WE JUST TALKED ABOUT, IF I'M NOT INCORRECT, IS IN THE INDUSTRIAL ZONED AREA, BUT IT WOULD HAVE TO BE, IT'S IN, IT'S BEHIND BLUE DIAMOND. CORRECT. IT WOULD HAVE TO BE A THOUSAND FEET FROM THE SCHOOL. OKAY. AND IT COULDN'T BE LOCATED. WELL, I MEAN THERE'S AN APARTMENT COMPLEX BETWEEN THE SCHOOL AND I MEAN, YOU CAN KIND OF ZIGZAG YOUR WAY TO THE HIGH SCHOOL. OKAY. BUT YOU CAN SEE THE, UH, UM, STADIUM FROM THAT PARTICULAR PROPERTY WITHIN THE INDUSTRIAL ZONE IS MY POINT. SO I DON'T KNOW WHAT THE OKAY. MAPPING IS ON THAT. SO DO WE WANNA REDUCE THE, THE DISTANCE, UH, AND WHY WE PUT IN THESE AS CONDITIONAL YOU HAVE TO PROVIDE FOR USES IN, IN YOUR CITIES. AND YOU KNOW, WHEN WE FIRST STARTED DOWN THIS PATH, WE THOUGHT THAT WOULD BE A GOOD IDEA TO TAKE IT OUT OF THOSE TWO AND PUT IT AS A, A CONDITIONAL THAT IF YOU DON'T THINK, IF YOU THINK THEY CAN MEET THOSE CONDITIONS, IT WOULD MEET THE CONDITIONS IN THAT LOCATION THAT WE JUST APPROVED, WHICH IS NOT ON ONE OF OUR MAJOR ROADS. I AM STILL WILL STAND NOT THRILLED THE FACT THAT THERE'S A VAPE SHOP OUT IN FRONT OF MY NEIGHBORHOOD RIGHT NOW ON 3 77. UM, AND THEN WE HAVEN'T YET ANOTHER ONE, I DON'T EVEN KNOW IF THE DISTANCE, WHAT'S THE DISTANCE BETWEEN THE SHOPS? A THOUSAND THOUSAND. OKAY. MM-HMM . THERE'S A THOUSAND FEET BETWEEN THE TWO SHOPS THAT ARE ON 3 77 AND WE COULD BE MORE SPECIFIC IN THAT MEASUREMENT SIMILAR TO THE TABC [01:00:01] RULES THAT IT'S FROM PROPERTY LINE TO PROPERTY LINE. MM-HMM . OR AS A CROW FLIES INSTEAD OF LIKE FROM FRONT DOOR TO WE CAN CLARIFY THAT. YEAH, I I HAVE A QUESTION. I I DON'T, SO WE HAVE A SEVEN 11, SO WE WANT TO COME ON THE CORNER, WHICH IS PROBABLY GONNA CARRY TOBACCO PRODUCTS, WHICH IS ONLY ABOUT 200 FEET FROM THE HIGH SCHOOL. BUT THEN WE'RE TALKING TOBACCO SHOPS THAT WE DON'T WANT A THOUSAND FEET FROM A SCHOOL. WHAT'S THE DIFFERENCE? THE DIFFERENCE IS A TOBACCO SHOP, THAT'S THEIR PRIMARY BUSINESS, WHEREAS A SEVEN 11 IS A CONVENIENCE STORE THAT SELLS MULTIPLE. AND WE, THERE'S A DEFINITION, I DON'T KNOW IF IT THAT'S THE HANG ON POLICY. WHAT I'M, MAYBE I'M NOT ASKING RIGHT, I UNDERSTAND THAT. I UNDERSTAND THE DIFFERENCE. I'M JUST THINKING WHY, AND WE'RE TALKING IF IT'S ONLY 200 FEET FOR ONE AND, AND THIS JUST CARRIES TOBACCO AND ANOTHER, WHY DOES IT HAVE TO BE A THOUSAND AND NOT 200 FEET? IF YOU ALL WANNA REDUCE IT, WE CAN CERTAINLY, OH NO, I DON'T REDUCE OR REDUCE IT. I JUST, I'M JUST ASKING, MAYBE I'M NOT ASKING AM ASKING A QUESTION OR NOT. WELL, IT'S SIMILAR TO THE FIREARM RULE FOR INSTANCE. YOU CAN'T CARRY, PUT A, USE A FIREARM IN A PLACE THAT SELLS MORE THAN 50%. SO I UNDERSTAND WHAT YOU'RE ASKING. RIGHT. DO YOU UNDERSTAND WHAT I'M ASKING? I'M JUST ASKING. HERE'S MY, I WOULD JUST MAKE SOME CLARIFICATION ON TOBACCO SHOPS VERSUS THE VAPE SHOPS IS THAT THE TOBACCO SHOP IS ALSO CURRENTLY A VAPE SHOP UNLESS, WELL, THAT'S THE TEXAS LEGISLATURE BANS, THC THIS. OKAY. BECAUSE THAT'S EXACTLY WHAT, WHAT THEY'RE DOING. WELL, HOLD ON. BUT THAT WOULD BE A PRODUCT LINE ISSUE. TC IS VERY DIFFERENT IN TEXAS RIGHT NOW, BUT TYPICALLY, TYPICALLY THOSE ARE, IT'S NOT STREET THC VERSUS WELL, THEY WANT ALL THE THINGS , BUT, BUT LEGALLY IT'S NO UNDERSTAND. OKAY. RIGHT. WELL, WHAT THEY'RE SELLING IS DEFINITELY A FORM OF, IT'S A FORM, BUT IT'S VERY, I MEAN, IT, IT'S A FORM OF YEAH, I GET WHAT YOU'RE SAYING. UM, BUT IT IS LEGALLY NOT NO, LEGALLY NO, NO, NO. I'M NOT SAYING THEY'RE ILLICIT, DEALING ILLICIT DRUGS. UM, OKAY. SO, BUT IT IS A CONCERN. IT'S NOT A BACK SHOP WOULD BE SOLD. I GET WHAT YOU'RE SAYING. YEAH. UM, IT MAKES SENSE. ER GO, I MEAN IT WOULD BE MORE CONCERNING TO ME PROBABLY AS BECAUSE IT'S EASIER TO GET CORRECT THAN I, I DON'T UNDERSTAND. OKAY. I HAVE, WE'RE QUESTION, I HAVE ANOTHER QUESTION. HOLD ON. DO WE HAVE A RULE IN THE CITY THAT WE CAN SAY HOW MANY CAN COME INTO THE CITY? I MEAN, HOW MANY DO WE NEED IN DOWNTOWN AUBREY? I'M OF TOBACCO SHOPS. IS THERE A LIMIT ON, IS THERE A LIMIT OF HOW MANY WE CAN SAY THAT CAN COME INTO THE CITY? NO, WE CAN'T. WE DON'T HAVE, CAN'T LIMIT IT THAT WAY. YOU CAN'T RIGHT. THAT, THAT WOULD BE UNLAWFUL. YOU WOULD, THAT WOULD BE THE BASED FORM OF A OKAY. I HATE TO USE THE D WORD, BUT YOU WILL. YEAH. OKAY. CORRECT. SO LET ME, LET ME UNDERSTAND WHAT WE'RE DOING. OKAY. SO YES, I, WHEN WE HAVE BEEN PUTTING THE NEW THINGS TOGETHER AND THEY AGREE NOT TO MM-HMM. IN THE AGREEMENTS, THEY AGREE NOT TO PUT A, A SHOP, SHOP, A VAPE SHOP INTO THE DEVELOPMENT. OKAY. SO WHAT ARE WE, WE'RE TAKING AWAY AND THEN ADDING, OR WHAT IS THE CHANGE IN RIGHT NOW? ANYBODY COULD PUT ONE IN THE SHOPPING CENTER DISTRICT AS WELL AS THE, UM, THE COMMERCIAL DISTRICT, SC AND C DISTRICTS, THAT'S WHERE THEY'RE PERMITTED. OKAY. AND BECAUSE THEY'RE THOUSAND FEET AWAY FROM THE SCHOOLS, THERE ARE NO RESTRICTIONS RIGHT NOW. OKAY. NONE. IF YOU ARE ZONED SC OR C, YOU CAN GO OPEN A TOBACCO SHOP, WHICH IS WHY WE HAVE TWO ON 3 77 CLOSE TO EACH OTHER. SO THE, THE THOUGHT WAS TO TAKE IT OUT OF THOSE, THE CITY STILL HAS TO PROVIDE FOR THAT USE SOMEWHERE. AND WE RESEARCHED A NUMBER OF CITIES, THE CITY ATTORNEY'S OFFICE, UM, DID A LOT OF RESEARCH AS WELL. UM, THE POLICE CHIEF EVEN PROVIDED US WITH, UM, ONE THAT THE CITY OF ALLEN RECENTLY APPROVED, UM, TO START LIMITING THIS, THIS PARTICULAR USE. UM, SO, YOU KNOW, WE, WE HAVE THOUGHT THROUGH IT, BUT YOU KNOW, THERE ARE OBVIOUSLY CERTAIN SITUATIONS THAT WE'RE NOT AS SENSITIVE TO NOT, YOU KNOW, ACTUALLY OPERATING HERE IN THE CITY. UM, BUT WE TOOK IT OUT OF THOSE TWO DISTRICTS, BUT WE'RE, SINCE WE HAVE TO PROVIDE FOR IT SOMEWHERE MM-HMM . WE'VE PROVIDED FOR IT IN THE INDUSTRIAL DISTRICT WITH THE CONDITIONAL USE. SO IF THEY MEET THOSE REQUIREMENTS, THEN THEY CAN OPEN A TOBACCO SHOP. IF THEY DON'T MEET THOSE REQUIREMENTS, THEY COULD APPLY FOR AN SUP TO COME THROUGH YOU AND COUNCIL TO SEE IF IT'S AN APPROPRIATE USE. SO IT, IT'S A WAY TO TRY TO RESTRICT SO MANY OPENING BECAUSE YOU HAVE A VERY, UM, LITTLE INDUSTRIAL ZONING. OKAY. [01:05:02] THE, THE OTHER THING I WOULD SAY, YOU, YOU GUYS ARE, UH, WRAPPING UP YOUR, UM, COMPREHENSIVE PLAN. MM-HMM . AND USUALLY THE NEXT STEP IS TO DO AN UPDATED ZONING ORDINANCE AND A ZONING MAP. AND THEN THAT WOULD BE, UM, A GREAT OPPORTUNITY TO GO IDENTIFY REALLY APPROPRIATE INDUSTRIAL AREAS. OKAY. AND I'VE GOT ONE OTHER QUESTION ABOUT THIS. UM, IS THIS SOMETHING THAT, OKAY. TIME SENSITIVE WISE, IS THIS SOMETHING THAT WE COULD TABLE? IS THIS A TABLE? IF WE DON'T TABLE IT? WE'VE GOT THE NEW, UM, TWO NEW, UH, PROJECTS RIGHT THERE ON, UM, OH, WHAT'S THE ROAD? WE'RE COMING OUTTA THE HIGH SCHOOL. OKAY. MM-HMM . OKAY. AND THEN ONE OF THEM IS ACTUALLY COMPLETE AND LEASING. MM-HMM . OKAY. WE'VE GOT MULTIPLE COMMERCIAL. OH, I, OKAY, OKAY. I UNDERSTAND. COMING UP, WE'RE GONNA LOOK, THERE ARE JUST A FEW CAVEATS THAT I'M AWARE OF THAT I'VE GOT QUESTIONS BECAUSE SOME OF THESE THINGS ARE SOLD IN DIFFERENT PLACES THAT ARE IN THE COMMERCIAL DISTRICTS. UH, SOME. ANYWAY, IF I COULD, I, I BELIEVE, AND IN CHARLES, DON'T THOSE PROPERTY OWNERS HAVE AN AGREEMENT WITH THE SCHOOL DISTRICT TO NOT HAVE CERTAIN USES? AND THIS IS A USE THAT'S IN THEIR AGREEMENT ACROSS THE STREET? YES. AT, AT APPLE. I'M TALKING ABOUT THE ONE, UM, IT'S THE ROAD WHERE THEY COME OUT, THE ROAD THAT JEFF PERRY WANTS 'EM NOT TO MAKE A LEFT TURN. HEIN RIDGE. HEIN RIDGE, THANK YOU. THAT'S, THAT'S THE ONLY WAY I REMEMBER THAT ROAD. OKAY. OKAY. IS, IS IT WITHIN OUR ABILITY TO ADD DAYCARES AND PUBLIC SCHOOLS? I HAVE THOSE TO THIS. WELL, IT'S ALREADY IN, IT SAYS PUBLIC SCHOOL FROM PUBLIC SCHOOLS. RIGHT? IS IT, IS IT, CAN WE ADD DAYCARE AND PUBLIC SCHOOL TO THIS? YES. WHATEVER YOU'D LIKE. OKAY. MM-HMM . JUST GOTTA BE CAREFUL WITH THE PRECEDENT BEING I ALSO, OKAY. AND I, AND I DO KNOW AT THE, THESE SHOPS, THEY DO ONE OF THE THINGS BECAUSE THE THINGS ARE SO, OR THEY'RE, THEY'RE RELATIVELY EXPENSIVE. THEY LET THEM TRY THIS STUFF BEFORE THEY LEAVE. UM, THERE'S A LOT OF FAULTY I, UM, IT, THIS THAT IT CAN'T BE INSIDE. THEY CAN'T TRY IT INSIDE. IS THAT SOMETHING THAT GOES ALONG WITH THE HOLE? UH, IT WAS IN HERE. RIGHT? YOU SAID THERE THERE'S NO USE INSIDE. IN THE NEXT ONE THERE WAS NO USE ON THE RIGHT. THEY'RE NOT ALLOWED TO TEST SAMPLE. THEY, THEY, YEAH. THERE'S NO SMOKING ON SITE IS ON. YEAH. I SEE THAT BEING THAT I AM WITH THE NO RETURN POLICY, AND I DO SAY THIS, UM, ESPECIALLY WITHIN THAT INDU, THERE HAS BEEN A LOT OF, THERE'S A LOT OF ISSUE, A LOT OF, UM, FIGHTING A LOT OF, UH, DIS BECAUSE SOME PEOPLE WILL NOT ALLOW THE RETURNS. RIGHT. UM, AND THEY ARE QUITE EXPENSIVE. MM-HMM . UM, I MEAN, I HAVE COUNTLESS EXAMPLES OF WHAT I'M TALKING ABOUT. UM, IT, THAT'S JUST SOMETHING THAT LIKE WHERE I, I COMPLETELY UNDERSTAND THE REZONING PART. THAT PART I THINK MAYBE NEEDS TO BE REVISITED AND I DON'T KNOW IF WE CAN DO THAT OR DOES IT ALL HAVE TO GO TOGETHER? AND I DO. I'VE GOT SOME LEGITIMATE THINGS THAT I WOULD LIKE TO BRAINSTORM AND MAYBE, WELL, THIS WILL GO IN FRONT OF THE COUNCIL AS WELL. OH, DO I NEED TO GO TALK TO HIM THERE? ? IS THAT OKAY? ? I'M JUST SAYING THAT WE MAKE, WE MAKE RECOMMENDATIONS. THESE THINGS STILL . I JUST, I DON'T KNOW THAT I CAN GET BEHIND IT FIRST. SOME VERY GOOD REASONS IF WE'RE GONNA ALLOW 'EM. SO I GUESS I CAN LET NOW WELL, WE HAVE TO ALLOW THEM SOMEWHERE, RIGHT? NO, NO, NO. I'M SAYING GET BEHIND THIS, THIS TESTING THING OH. HAS ALLEVIATED A GREAT NUMBER OF PROBLEMS. AND THAT'S LIKE, I CAN, I WOULD PREFER THAT. OKAY. SO YOU'RE JUST TRYING TO SAY CLEARLY THAT IT SHOULD BE OKAY TO BE INSIDE THE SHOP YEAH. TO TEST SOMETHING. YEP. AND, AND TAKE AWAY THE NO. YES. THAT IS WHAT I'M, YOU STILL HAVE TO BE A LIMITED TESTING PURPOSES ONLY. IF NOT, THEY'RE JUST GONNA STAND THERE AND START SMOKING. RIGHT. WHICH I, I KNOW I'VE NOT SEEN THAT. I KNOW I, I'VE GOT A VERY SPECIFIC THING THAT I'M THINKING THAT, WELL, I'M GONNA GO AHEAD AND OPEN A PUBLIC HEARING. OKAY. AT SEVEN 11 AND NO ONE'S MOVING. SO I'M GONNA CLOSE IT AT SEVEN 11. I JUST WANNA MAKE SURE WE HAD THAT DONE. DOES ANYBODY HAVE ANY OTHER QUESTIONS FOR HELEN? CAN WE ADD ON THE DISTANCE OF WHERE MEANS FROM THE SKILLS? YES. MORE THAN A THOUSAND. YOU WANNA HAVE LESS THAN A THOUSAND FEET? [01:10:02] NO, SHE WANTS MORE. LESS WAIT. YEAH. RIGHT. MORE RIGHT OF DISTANCE WISE LESS, OR, OR SHE WANTS TO MAKE IT. WHAT, WHAT ARE YOU TRYING TO ACCOMPLISH? AND WE CAN BACK UP FROM, FROM THAT WASN'T CLOSE TO LIKE, SAY 1500 FEET INSTEAD OF THOUSAND. AND ARE YOU SPEAKING PROPERTY LINE, PROPERTY LINE, OR DOOR TO DOOR? WELL, THEY SAID SKILLS WAS, UM, PROPERLY LINES. RIGHT. AND WE, CHURCHES WERE DOOR TO DOOR THAT YOU CAN, OKAY. SO THE CHILDREN MAKE IT. I HAD SOMETHING FOR ME FURTHER AWAY FROM THE KIDS. I WAS GONNA SAY THEY CAN GET DRUNK, BUT THEY CAN'T. YOU DO YOU WANT TO, YOU WANT IT TO BE FURTHER AWAY FROM THE KIDS OR YES. YOU DON'T, SO HOW WE NEED TO INCREASE THE DISTANCE. AM I TRACKING? THANK YOU. THE ENGINEER IS NODDING, SO I'M GOING THE RIGHT DIRECTION. THAT IS, IT'S IN INCREASING, CORRECT? YES. SO IT'S 200 DO OR 200 FEET TO GET LIQUOR, BUT, OR, BUT WELL, 2000 FEET TO GET TOBACCO. MM-HMM . OKAY. YEAH. SO YOU WANT, SO WHAT IS THE MEASUREMENT? SO WOULD YOU LIKE TO DO 1500? UH, LET'S DO 15. 1500. I JUST THINK FURTHER AWAY TO 15 THAN A THOUSAND. YEAH. AND THAT'S PROPERTY LINE TO PROPERTY. NOT ALL PROPERTY LINE. PROPERTY LINE. BECAUSE YOU SAID THAT'S FOR SKILLS, RIGHT? ALRIGHT. YEAH. SPEAKING STRICTLY. I THINK SO. AND WANT TO A THOUSAND FEET GUYS, LET'S HAVE A LITTLE ORDER. THAT WOULD I, OKAY. HOLD ON LADIES. LADIES, IF YOU'RE INTO THE MIC, WE THANK YOU. WE WERE CONFERRING BETWEEN US TO MAKE SURE WE WERE ON THE SAME PAGE. OKAY. SO THIS IS THE SHOPS ONLY. THIS MEANS THAT SEVEN 11 PER SE THAT WE'VE ALREADY AGREED. THAT'S DIFFERENT. IT'S COMPLETELY DIFFERENT. SO THAT'S NOT THEIR PRIMARY USE. THE DEFINITION JUST SHOPS. OKAY. NO. SO TO, TO GIVE YOU MY TRAIN OF THOUGHT, WHERE WE WERE OF COURSE, UH, CONVENING THERE IS WHETHER OR NOT WE'RE TALKING ABOUT SPECIFICALLY TOBACCO. BECAUSE IF THAT IS THE CASE, THEN WE'RE SPEAKING OF OTHER USES, OTHER TOBACCO BEING SOLD IN, IN OTHER PLACES. IF YOU'RE UNDERSTANDING WHAT I'M SAYING. SO ARE WE, ARE WE BLATANTLY SPEAKING ABOUT CBD PRODUCTS OR THC PRODUCTS OR I'M TALKING ABOUT JUST TOBACCO. WHAT ARE WE TALKING ABOUT HERE? IT, IT, LET ME READ THE DEFINITION. OKAY. AND IT WOULD BE ANYBODY THAT'S APPLYING FOR A CERTIFICATE OF OCCUPANCY FOR A TOBACCO SHOP, LIKE A CONVENIENCE STORE IS NOT A TOBACCO SHOP. MM-HMM . SO A TOBACCO SHOP IS DEFINED AS A RETAIL ESTABLISHMENT UTILIZED PRIMARILY FOR THE SALE OF CIGARETTES, ELECTRONIC CIGARETTES, VAPING DEVICES, CIGARS, TOBACCO PIPES, AND OTHER DEVICES FOR THE INHALATION OF TOBACCO PRODUCTS AND OTHER SMOKING SUPPLIES WITH NO ONSITE SMOKING OR TOBACCO CONSUMPTION. THANK YOU. THE DECIDING FACTOR FOR ME THERE IS TOBACCO. AND I'M GOING TO SAY THAT THE MAJORITY OF THE SALES OF THE STORES AROUND HERE, IT IT IS NOT TOBACCO THAT THEY'RE SELLING. WELL, I, I JUST THE FURTHER DEFINITION I BELIEVE WITHIN ITSELF, ADDING FURTHER DISTANCE TO IT WOULD KEEP THE KIDS HARDER TO GET. WELL IF EVERYBODY GO SEVEN 11, NO. SO IF I'M HEARING WHAT YOU'RE SAYING, YOU THINK THE DEFINITION OF TOBACCO SHOPS SHOULD INCLUDE LIKE DELTA EIGHT, DELTA NINE? YES. ABSOLUTELY. OKAY. AND, AND MY POINT IS THAT AS IT STANDS, THEY DO NOT, THAT, WHICH THE DEFINITION DOES NOT. DOES NOT. AND I THINK THAT THAT COULD BECOME A PROBLEM LEGALLY. THAT'S MY POINT DOWN THE ROAD. YEAH, ABSOLUTELY. WITHIN THE DEFINITION. THAT IS EXACTLY MY POINT. AND I THINK YOU'RE GONNA HAVE, WE WERE DEFINITELY GONNA NEED SOME, UH, HELP WITH THE, UH, WHEN WE MAKE THE MOTION HERE. WELL, YOU'RE GONNA HAVE, YOU'RE GONNA HAVE A HARD TIME. I SAY A HARD TIME. IT'S GONNA BE SOMETHING DIFFERENT. CAN WE MAKE THE ZONING CHANGE AND HOW WE MAKE THE MOTION, WE'RE MAKING A MOTION. CORRECT ME, MARIE, IF I'M WRONG, WE'RE MAKING A MOTION TO ACCOMPLISH BEFORE WE TALK ABOUT A MOTION. OKAY. ALL RIGHT. I JUST WANNA MAKE SURE THAT I'M OKAY. ALL RIGHT. OH, DO Y'ALL KNOW THAT WHEN MAKE A MOTION, YOU MOVE IT? SO YOU'RE SUPPOSED TO SAY NO THANK CAN HEAR THAT. FINE. I MOVE. OKAY. I, ROBERT, SO I NEED TO DO THAT. OKAY. THANK YOU, SAM. I MEAN, I, I [01:15:14] NO, NO, WE'RE FINE. I JUST NEED TO ADD SOMETHING. MAY I ADDRESS? SURE. CHAIR, UH, COMMISSION. WE'VE GOT, SO CANDICE TO ADDRESS, YOU WERE TALKING ABOUT ADDING TO THE DEFINITION OF OTHER ITEMS. THE PROBLEM WITH AN ORDINANCE LIKE THIS, WHEN YOU START GETTING SPECIFIC, THEN WHAT HAPPENS IS NAMES CHANGE, FORMULAS CHANGE, AND NOW THAT'S NO LONGER. I THINK WE HAVE TO LEAVE IT AS GENERIC AS WE CAN. AND YOU HAVE OTHER, UH, THERE'S AN OTHER DEFINITION AT THE END OF THAT THAT I THINK WILL COVER WHAT YOU NEED, WHAT YOU'RE LOOKING FOR, WHICH IS WHY WE CAN'T SELL THE LIQUID. WE'RE TALKING ABOUT DEFINITION NOW. YES. OKAY. I JUST DON'T WANT THERE TO BE DOWN THE LINE LIKE IT TO BE AMBIVALENCE. RIGHT. UM, AT ALL. BECAUSE I, I THINK THE DANGER IS YES, TOBACCO IS BAD. I, IT'S, I THINK THERE'S MORE OF A DANGER OF THE OTHER THINGS THAT ARE BEING SOLVED, BUT THEN WE HAVE TO ALSO CONSIDER THE FACT THAT IT'S NOT OUR DECISION TO DETERMINE WHETHER ELSE OR SOMEONE WANTS PUT SOMETHING IN THEIR BODY OR NOT. RIGHT? I, BUT I JUST WANT TO BE CAREFUL BEING VERY SPECIFIC WITH THE DEFINITION. SURE. UNDERSTAND. BECAUSE WHEN UNDERSTAND, WE GET SPECIFIC, WE DEAL WITH THAT ALL ACROSS THE STATE WHERE, UH, SOME OF THIS STUFF IS ILLEGAL FOR A MOMENT. THEY CHANGE A COUPLE OF THE MOLECULES, RIGHT. AND NOW IT'S NO LONGER ILLEGAL ANYMORE. AND THEY CHANGE THE NAME. AND WHERE IT CAN BE SOLD IS PRETTY AMBIVALENT. IS WHAT LIKE, THERE'S NOT ANY LEGISLATOR LEGISLATE THAT REALLY COVERS THAT EITHER. SO I HEAR YOU FOR SURE. THAT'S A GOOD POINT. THANK YOU. OKAY. UM, YOU WANNA TURN YOUR MICROPHONE? OKAY. SO I'M GONNA GO THROUGH WHAT I THINK I'VE HEARD, AND Y'ALL CAN CORRECT ME, BUT IF I'M INCORRECT, IF Y'ALL COULD JUST SPEAK ONE AT A TIME. 'CAUSE IT'S HARD WHEN EVERYBODY'S MM-HMM . IF YOU WANNA DISCUSS, THAT'S FINE AMONGST YOURSELVES. IT'S JUST, WE NEED TO MAKE SURE THAT WE'RE GETTING WHAT YOU WANT CHANGED. SO I CAN, WE CAN PUT THIS IN THE MOTION. UM, SO FIRST I'VE GOT TO ADD, UM, DAY TO THE DISTANCE, UH, A THOUSAND FEET FROM ANY PUBLIC SCHOOL OR DAYCARE. YES. WELL, I, OR IS IT 1500? 1500. OKAY. RIGHT. I'M GONNA WRITE THIS DOWN SO I DON'T, I DON'T FUMBLE THROUGH IT MYSELF. PUBLIC. AND THEN, UM, BECAUSE, UH, I HEAR WHAT YOU'RE SAYING ABOUT EXPANDING THE DEFINITION, BUT, UM, CHIEF IS RIGHT THAT IF WE SAY DELTA, THEY'LL COME UP WITH, UM, A K TWO OR SOMETHING AND IT'S NOT. AND SO WHAT WE WILL, WHAT WE, WHAT I CAN SAY IN THE MOTION IS TO EXPAND THE DEFINITION TO INCLUDE OTHER TYPES OF, OF PRO PRODUCTS. I'M TRYING, I CANNOT THINK OF THE WORD RIGHT NOW. I KNOW THE WORD PATIENTS. NO PRODUCTS. I IT, BUT, UM, WE KNOW WHAT YOU MEAN AND WE CAN GET IT IN THERE, YOU KNOW, FOR IT TO GO TO COUNCIL. 'CAUSE I, I JUST, I DON'T WANNA, UM, SHOOT OFF THE HIP RIGHT NOW AND NOT INCLUDE SOMETHING. 'CAUSE MY CHIEF WAS SAYING THERE'S, UM, THEY'RE ALWAYS COMING UP WITH SOMETHING NEW. . SO, UM, SO LET'S SEE. UM, DID YOU, THERE WAS ONE OTHER ITEM ON, UH, IT'S, THE DISTANCE IS TO BE MEASURED FROM PROPERTY TO PROPERTY LINE. LIKE DIAGONAL IS A, IS A CROW, FLIES NOT. UM, OKAY. NOT FRONT DOOR TO FRONT DOOR OR SIDE DOOR TAKE CARE TOO. AND THEN MM-HMM . [01:20:26] OKAY. SO THIS IS WHAT I RECOMMEND TO MAKE THE MOTION EASY. I'M GONNA, UH, DO YOU HAVE THE RECOMMENDED MOTION SLIDE? I THINK THERE'S, I MEAN, OBVIOUS I'M GONNA CHANGE IT, BUT THERE'S A DISTANCE QUESTION ON FROM A TOBACCO SHOP OR A RECOMMENDATION FROM TOBACCO SHOP TO TOBACCO SHOP AS WELL. OH, OKAY. HOW CAN WE, WHAT IS REASONABLE? THAT'S A GOOD QUESTION. BETWEEN, BETWEEN SHOPS, LIKE HOW MANY THERE CAN BE REASONABLE. A THOUSAND FEET IS TOO MANY AS, AND I THINK THAT, LIKE FOR ME, I'M PICTURING AUBREY AS IT IS RIGHT NOW. YOU KNOW, I CAN'T IMAGINE THE CORNER OF TH THAT WE VOTED ON TONIGHT WHEN THAT IS FILLED UP. THERE COULD BE ONE A THOUSAND FEET IS NOT THAT FAR AND THERE COULD LITERALLY BE ONE ON EVERY CORNER. OH, BUT WE'RE THE COMMERCIAL IS IT? YEAH. IT'S THAT DEALER DEVELOPMENT THAT'S A THOUSAND FEET ALONG THE SIDE OF THAT. AND WE'RE CHANGING THE RIGHT, THE ZONING. UM, YEAH, THAT, THAT DEVELOPMENT OF CHAPARRAL IS PROBABLY A THOUSAND FEET, MORE THAN A THOUSAND FEET ACROSS THAT COMMERCIAL PROPERTY. SO ARE YOU SAYING YOU WANNA INCREASE DISTANCE? I WOULD LIKE TO INCREASE IT. THAT'S WHAT YOU'RE SAYING? YES. 10,000 FEET. SO, UM, WHEN WE'RE TALKING ABOUT INCREASING DISTANCES, UH, IT'S GONNA REQUIRE LEGAL RESEARCH TO SEE WHAT IS REASONABLE. UM, AND BECAUSE WHEN YOU INCREASE THE, I'M, I'M GONNA STOP THERE, . OKAY. UNLESS YOU WANNA GO INTO EXECUTIVE SESSIONS. , RIGHT? YEAH. I BELIEVE LISA ALL IS, WE'RE, I'M SORRY, SURROUNDING COUNTIES. SO THEIR PRE YEAH, I MEAN, UM, PRECEDENT ISN'T THE WORD THAT I WOULD USE BECAUSE THEY DON'T, THEY DON'T IMPACT US. BUT THERE IS CASE LAW OUT THERE THAT IS PRECEDENTIAL. UM, THAT, AND SO THAT'S WHY I SAY WE'D HAVE TO RESEARCH AND, UM, SO YOU CAN RECOMMEND YOUR FEE AND WE WILL DO OUR, UH, DUE DILIGENCE BEFORE IT GOES TO COUNSEL. OKAY. YEAH. SO, UM, WHAT IS THE DISTANCE THAT YOU'D LIKE? 1500 FOR? BOTH. OKAY. TOBACCO OR FROM TOBACCO SHOP TO, TO TOBACCO SHOP AND SCHOOLS. WHAT I WOULD LIKE FOR, AS I WOULD LIKE, AS FAR AS WE CAN GET THEM FROM EACH OTHER, THAT IS REASONABLE. AND THAT WOULD BE, BUT THAT BASED ON THE CASE STUDY, BUT SAYING THIS IS WHAT WE'RE STARTING AT. 'CAUSE YOU'RE GONNA FIND OUT. SO THEN PUT A NUMBER OUT THERE AND THEY'LL, IF IT, IF YOU SAY 5,000, IT'S NOT REASONABLE. THEY'RE GOING TO COME BACK WITH A SMALLER AMOUNT IS WHAT? SO IF YOU WANT, I WOULD LIKE SAY 2000 BETWEEN THE TWO. YEAH, I'M GONNA SAY IT. THAT'S WHAT I, 2000. YEP. DOUBLE GUYS, DO Y'ALL HAVE AN OPINION OVER HERE? WE WANT HEAR? ALL RIGHT. I DO. AND MARIE, YOU INCLUDED DAYCARES IN THERE TOO, RIGHT? YES. AND I, I'LL RESTATE EVERYTHING. OKAY. JUST TO MAKE SURE. ANYTHING ELSE? CRYSTAL, DID YOU WANNA TALK ABOUT YOUR OPPOSITION TO IT? JUST FOR US TO UNDERSTAND. UM, I THINK IT'S PRETTY SIMPLE. I THINK THAT, I DON'T THINK THAT DISTANCE IS A DECIDING FACTOR. IF SOMEONE WANTS TO PURCHASE SOMETHING, I, MY PERSONAL OPINION IS THAT WHEN YOU'RE CHANGING DISTANCE, NOW YOU'RE GOING INTO A FINE LINE BETWEEN YOUR ETHICAL OPINION AND LAW. SO IN MY OPINION, THE DISTANCE IS A DETERMINING FACTOR IS NOT A REASON MAKER. SO THAT'S MY OPINION. IF WE WERE TO GO INTO EXECUTIVE SESSION, I COULD EXPLAIN THINGS A LITTLE BIT BETTER. UM, YEAH, I, I DON'T THINK WE NEED, YEAH. UM, BUT IT'S UP TO YOU ALL. NO, I, PURSUANT TO SECTION 5 5, 1 0.127 OF THE TEXAS GOVERNMENT CODE, ONE OR MORE COMMISSION MEMBERS MADE, WHAT IS THAT? AM I READING THE WRONG ONE? NOPE. WHERE IS IT? SHE USUALLY HAS IT ON HERE. HERE WE GO. SORRY, JENNY'S NOT HERE TO TAG ME. UM, PURSUANT TO SECTION, YEAH, IT'S 5 5 1 0 7 1, UH, FOR CONSULTATION WITH OUR ATTORNEY. THAT'S CORRECT ON, THANK YOU. WHAT IS THE ITEM NUMBER? UH, FOR ITEM NUMBER NINE AT 7 26. THANK YOU. COULD WE ADD, CAN WE PREEM WE ADD POSSIBLY FOR NUMBER 10 AS I'M, WAIT. NO, NO. OKAY. YEAH, WE'RE, WE'VE ALREADY BEEN READ INTO EXECUTIVE SESSIONS, SO, ALL RIGHT. DO WE LEAVE THE ROOM? NEED TO LEAVE THE ROOM. [01:25:01] I'M SORRY. OKAY. OKAY. YEAH, SORRY. YEAH, I WAS JUST WAITING TO MAKE SURE. I'M SORRY. I DIDN'T WANNA START BEFORE Y'ALL WERE READY. UM, SO IT'S 7 43 THAT WE'RE RETURNING FROM EXECUTIVE SESSION. OKAY. DID YOU HAVE SOMETHING? I DO. UM, SO WHAT I'M HEARING FROM THE COMMISSION, UH, THE RECOMMENDED CHANGES FOR THE CITY ATTORNEY'S OFFICE TO MAKE, UM, ON THIS TEXT AMENDMENT IS TO MEASURE THE DISTANCE, UM, REQUIREMENTS FROM PROPERTY LINE TO PROPERTY LINE TO EXPAND THE DEFINITION OF TOBACCO SHOP TO INCLUDE, UM, OTHERS, SMOKED, SMOKELESS OR OTHERWISE CONSUMABLE PRODUCTS. AND FOR THE ON, WITH RESPECT TO THE ONSITE USE TO, UM, ALLOW AN EXCEPTION FOR PRODUCT TESTING PRIOR TO PURCHASE, I'LL MAKE THE MOTION TO APPROVE THE CHANGE FOR THE CITY OF THE ATTORNEY'S OFFICE. BRITTANY, YOU MADE A MOTION? YES, CANDACE, SECONDED. ALL IN FAVOR? ANY OPPOSED? IT PASSES SIX TO ZERO ITEM NUMBER 10, CONDUCT A PUBLIC HEARING, CONSIDER AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING AN AMEND TO EXHIBIT 14 ZONING ORDINANCE CHAPTER 14, A ZONING OF THE CODE OF ORDINANCES OF THE CITY OF AUBREY, TEXAS TO AMEND SECTION SIX CONDITIONAL USES AND SPECIFIC USE PERMITS TO ADOPT A CONDITIONAL USE PERMIT PROCESS TO ALLOW FOR THE SALE OF SPECIFIED TYPES OF ALCOHOLIC BEVERAGES IN CERTAIN ZONING DISTRICT DISTRICTS. AND TO PROVIDE A SPECIFIC USE PERMIT FOR THE SALE OF SPECIF SPECIFIED TYPES OF ALCOHOLIC BEVERAGES IN CERTAIN ZONING DISTRICTS TO ESTABLISH REGULATIONS AND FEES FOR SUCH APPLICATION PROCESSES TO PROVIDE DEFINITIONS TO PROVIDE AN ALCOHOL AND ZONING DISTRICT USE CHART AND TO ALLOW MINOR EDITORIAL CHANGES TO SECTION SIX TO PROVIDE CLARITY. ALRIGHT, THANK YOU. UM, SO LAST YEAR WE ADDED, UM, ALCOHOLIC BEVERAGE SALES REGULATIONS TO THE ZONING ORDINANCE. AND THERE WERE MOST, ALL OF THE USES WERE IDENTIFIED AS REQUIRING AN SUPA SPECIFIC USE PERMIT, WHICH WE ALL KNOW WE DID ONE THIS EVENING. UM, IT'S A ZONING AND THE CITY LEADERS, UM, HAVE RECOMMENDED AN AMENDMENT TO ALLOW AND NEARLY ALL OF THESE USES, LIKE A RESTAURANT SELLING BEER AND WINE OR A RESTAURANT SELLING MARGARITAS, THAT THEY DON'T HAVE TO GO THROUGH THAT SUP PROCESS. SO WE HAVE, UM, PREPARED AN AMENDMENT AND WHAT YOU HAVE BEFORE YOU REFLECTS THEIR, THEIR WISHES. UH, WE HAVE CONSIDERED IT AND ARE PROPOSING IT AS A CONDITIONAL USE PERMIT, WHICH ONCE AGAIN, IF YOU MEET THE REQUIREMENTS, YOU GET YOUR PERMIT. AND THE REASON WE HAVE ADDED THAT IS IT GIVES STAFF A CHANCE WHEN SOMEONE WALKS IN WITH AN ALCOHOL PERMIT TO BE ABLE TO CHECK THE ZONING AND VERIFY THE DISTANCE REQUIREMENTS. SO THAT'S WHY, UM, IT HAS A CONDITIONAL USE. SO IF YOU SAY, IF YOU'RE RIGHT ACROSS THE STREET FROM THE HIGH SCHOOL, JUST LIKE WE DID, WOULDN'T MEET THE CONDITIONAL USE PERMIT BECAUSE IT WOULD REQUIRE A VARIANCE. SO WE'VE BUILT THAT INTO THIS, UM, AMENDMENT THAT IF YOU DON'T MEET, YOU HAVE TO APPLY FOR THE SUP, THE SPECIFIC USE PERMIT, WHICH, YOU KNOW, NOTIFIES EVERYBODY AROUND THEM. AND P AND Z COUNSEL GET TO SEE IF THAT'S, UM, AN APPROPRIATE LOCATION FOR THAT PARTICULAR USE. SO THE LAST PAGE OF YOUR, UM, YOUR STAFF REPORT AND IT HAS THE, THE SET OF REGULATIONS, THERE'S A USE CHART FOR THE ALCOHOLIC BEVERAGE SALES, AND YOU CAN SEE THE RED, UM, CS, WHICH MEANS CONDITIONAL USE. UM, THOSE USED TO ALL BE S'S AND, UM, THEY'RE ALL UNCONDITIONAL USE NOW. SO THAT'S REALLY ALL THAT WE, UM, HAVE DONE. I THINK WE MIGHT'VE, WE EVEN ADDED, LET'S SEE, THERE WAS, LET ME LOOK. THAT'S REALLY THE, THE, THE BIGGEST CHANGE THAT, UM, THAT WE HAVE IN THE ORDINANCE OR THE, THE DRAFT REGULATIONS BEFORE YOU, AND BE HAPPY TO TAKE ANY QUESTIONS. WHAT IS THE DIFFERENCE BETWEEN A WINERY, BREWERY, AND DISTILLERY? AND A, I MEAN, I UNDERSTAND WHAT THE DIFFERENCE IS. MAYBE START THIS. I UNDERSTAND ADDING [01:30:01] RETAIL SALES, BUT MOST OF THEM HAVE RETAIL SALES. IS IT, IS THERE, IS IT JUST A, WHAT'S THE THOUGHT PROCESS? THE DEFINITION? I THINK IT'S BECAUSE THAT ONE IS SOLELY THAT THAT'S ALL THEY, THEY DO, THEY DON'T REALLY HAVE THE, THE FOOD. SO THEY'RE NOT SO IS, SO IT'S ONE OR THE OTHER, RIGHT? A WINERY, BREWERY, DISTILLERY. OKAY. DEFINED AS A MANUFACTURING PLANT DESIGNED TO DISTILL ALCOHOLIC SPIRITS SUCH AS BEER, WINE, ALE OR LIQUOR. NO ON-PREMISES. INDIVIDUAL SALES OF ALCOHOL BEVERAGES ARE ALLOWED. SO IT'S MORE OF YOUR WHOLESALE PRODUCTION, MANUFACTURING. OKAY. THANK YOU FOR THAT CLARIFICATION. NOT YOUR ENTERTAINMENT, NOT, NOT LIKE WHAT WE HAVE LIKE AT OR UP IN PILOT POINT AT THEIR DISTILLERY. OKAY. DOES ANYBODY HAVE ANY QUESTIONS FOR HENE? OKAY, I'M GONNA GO AHEAD AND OPEN THE PUBLIC HEARING AT 7 49 AND NO ONE IS RACING FOR THE MIC, SO I'M GOING TO CLOSE IT AT 7 49. SORRY, HELEN, IF YOU DIDN'T HAVE TO GO THAT FAR, I'M GONNA MAKE A MOTION TO RECOMMEND AN APPROVAL OF THE AMENDMENT TO SECTION SIX ZONING ORDINANCE FOR ALCOHOLIC BEVERAGE SALES. I'LL SECOND. YOU HAVE MADE A MOTION. ANDRY HAS SECONDED. ALL IN FAVOR? ANY OPPOSED PASSES SIX TO ZERO. ITEM 11, CONSIDERATION AND ACTION ON APPRO MINUTES FROM THE APRIL 10TH, 2025 MEETING. THEY LOOKED PERFECT TO ME. UH, MOTION TO APPROVE THE MINUTES FOR THE LAST MEETING. SECOND. OKAY, BRITTANY MADE A MOTION AND CANDACE SECONDED IT ALL IN FAVOR. THE OPPOSED IT PASSES SIX TO ZERO. WE'LL ADJOURN AT 7 51. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.